| April 29, 2026 06:39 UTC | May 1, 2026 06:27 UTC | ||||
|---|---|---|---|---|---|
| 258 | EIN Application Service Supplemental Terms | 258 | EIN Application Service Supplemental Terms | ||
| 259 | Gusto Powered Practices Contest Official Rules | 259 | Gusto Powered Practices Contest Official Rules | ||
| 260 | Gusto Business Compliance Terms of Service | 260 | Gusto Business Compliance Terms of Service | ||
| n | n | 261 | Firm Growth Agents Promotion Terms | ||
| 261 | Employer Terms of Service | 262 | Employer Terms of Service | ||
| 262 | Version | 263 | Version | ||
| 263 | Version 16.1 (Current) | 264 | Version 16.1 (Current) | ||
| 10001 | Gusto is not responsible or liable for: (i) Customer’s use or inability to use t | 10002 | Gusto is not responsible or liable for: (i) Customer’s use or inability to use t | ||
| > | he State Registration Service; (ii) any information obtained from or relied upon | > | he State Registration Service; (ii) any information obtained from or relied upon | ||
| > | as a result of the State Registration Service; (iii) any interruption, error, d | > | as a result of the State Registration Service; (iii) any interruption, error, d | ||
| > | elay, or failure arising out of or in connection with the State Registration Ser | > | elay, or failure arising out of or in connection with the State Registration Ser | ||
| > | vice; or (iv) Customer’s violation of applicable laws, rules, or regulations ari | > | vice; or (iv) Customer’s violation of applicable laws, rules, or regulations ari | ||
| > | sing out of or in connection with the State Registration Service. | > | sing out of or in connection with the State Registration Service. | ||
| 10002 | Background Checks Terms of Service | 10003 | Background Checks Terms of Service | ||
| 10003 | Version | 10004 | Version | ||
| n | 10004 | Version 6.0 (Current) | n | 10005 | Version 7.0 (Current) |
| 10006 | Version 6.0 | ||||
| 10005 | Version 5.0 | 10007 | Version 5.0 | ||
| 10006 | Version 4.0 | 10008 | Version 4.0 | ||
| 10007 | Version 3.0 | 10009 | Version 3.0 | ||
| 10008 | Version 2.0 | 10010 | Version 2.0 | ||
| 10009 | Version 1.1 | 10011 | Version 1.1 | ||
| 10010 | Version 1.0 | 10012 | Version 1.0 | ||
| n | 10011 | Effective November 15th 2024 | n | 10013 | Effective April 29th 2026 |
| 10014 | Download | ||||
| 10015 | Table of Contents | ||||
| 10016 | Last updated September 7, 2022 | ||||
| 10017 | These Gusto Background Check Terms of Service (the “Background Check Terms”) tog | ||||
| > | ether with the Gusto Terms of Service available at http://www.gusto.com/about/te | ||||
| > | rms (the “Gusto Terms”), the Gusto Payroll Service Terms available at http://www | ||||
| > | .gusto.com/about/terms/payroll (the “Payroll Terms”), and the Checkr, Inc. Servi | ||||
| > | ces Agreement available at https://checkr.com/customer-agreement (the “Checkr Se | ||||
| > | rvice Terms”) (collectively, the “Background Check Customer Agreement”), set for | ||||
| > | th the terms and conditions under which Gusto, Inc. (“Gusto”) agrees to provide | ||||
| > | eligible customers (each, a “Customer”), with the opportunity to request, obtain | ||||
| > | , and review results of background checks performed by Gusto’s background check | ||||
| > | partner, Checkr, Inc. (“Checkr”) via the Gusto Platform (the “Background Checks | ||||
| > | Service”). | ||||
| 10018 | These Background Check Terms are “Service Terms” under the Gusto Terms. Capitali | ||||
| > | zed terms used but not otherwise defined in these Background Check Terms have th | ||||
| > | e meanings ascribed to such terms in the Gusto Terms, the Payroll Terms, and the | ||||
| > | Checkr Service Terms, as applicable. The Background Check Customer Agreement is | ||||
| > | a legally binding agreement between Customer and Gusto. The individual agreeing | ||||
| > | to these Background Check Terms on behalf of Customer (the “Authorized Signator | ||||
| > | y”) is encouraged to read the Background Check 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 Background Check Customer Agreement. By (i) checking the box presented wi | ||||
| > | th these Background Check Terms, (ii) initiating a background check for any pers | ||||
| > | on using the Gusto Platform, or (iii) accessing or using the Background Checks S | ||||
| > | ervice, effective as of the date of such action, Customer agrees to be bound by | ||||
| > | the Background Check Customer Agreement. | ||||
| 10019 | 1. These Background Check Terms are Part of and Governed by the Gusto Terms and | ||||
| > | the Payroll Terms | ||||
| 10020 | The terms and conditions of the Gusto Terms and the Payroll Terms agreed to in c | ||||
| > | onnection with the creation of any Customer’s account, including but not limited | ||||
| > | to all representations, warranties, covenants, disclaimers, limitations on liab | ||||
| > | ility, agreements, and indemnities, are incorporated herein by reference, and Cu | ||||
| > | stomer acknowledges and agrees that such terms and conditions shall remain in fu | ||||
| > | ll force and effect to the full extent provided therein. | ||||
| 10021 | If the terms and conditions of these Background Check Terms conflict with the te | ||||
| > | rms and conditions of the Gusto Terms or the Payroll Terms, then the order of pr | ||||
| > | ecedence with respect to which terms and conditions control Customer’s use of th | ||||
| > | e Background Checks Service directly on the Gusto Platform will be as follows: t | ||||
| > | he terms and conditions of these Background Check Terms, followed by the terms a | ||||
| > | nd conditions of the Payroll Terms, followed by the terms and conditions of the | ||||
| > | Gusto Terms, and lastly, followed by the terms and conditions of Checkr Service | ||||
| > | Terms. | ||||
| 10022 | THE GUSTO TERMS, AVAILABLE AT HTTPS://GUSTO.COM/ABOUT/TERMS , CONTAIN IMPORTANT | ||||
| > | INFORMATION REGARDING LIMITATIONS OF GUSTO’S LIABILITY, GUSTO’S WARRANTY DISCLAI | ||||
| > | MERS, CUSTOMER’S INDEMNIFICATION OBLIGATIONS, CUSTOMER’S DUTY TO MITIGATE DAMAGE | ||||
| > | S, THE LAW GOVERNING GUSTO’S PROVISION OF THE BACKGROUND CHECKS SERVICE, AND DIS | ||||
| > | PUTE RESOLUTION PROCEDURES THEREUNDER. | ||||
| 10023 | 2. These Background Check Terms are in Addition to and Separate from the Checkr | ||||
| > | Service Term | ||||
| 10024 | These Background Check Terms, the Gusto Terms, and Gusto’s Privacy Policy availa | ||||
| > | ble at https://gusto.com/about/privacy (the “Gusto Privacy Policy”) govern acces | ||||
| > | s to and through the Gusto Platform and are in addition to and separate from any | ||||
| > | terms governing Checkr at https://checkr.com/ (the “Checkr Platform”). The Chec | ||||
| > | kr Platform is governed by the Checkr Service Terms, the Checkr, Inc. Terms of S | ||||
| > | ervice Agreement available at https://checkr.com/terms-of-service , and Checkr’s | ||||
| > | Privacy Policy available at https://checkr.com/privacy-policy. Customer is enco | ||||
| > | uraged to read and review the terms and policies governing the Gusto Platform an | ||||
| > | d the Checkr Platform (the “Platforms”). Customer acknowledges that, under these | ||||
| > | Background Check Terms, the policies and terms of both of the Platforms govern | ||||
| > | and may be inconsistent. Where any provision governing the Gusto Platform confli | ||||
| > | cts with any provision governing the Checkr Platform, the provision governing th | ||||
| > | e Gusto Platform shall control for the purposes of services rendered on the Gust | ||||
| > | o Platform and pursuant to the Background Check Customer Agreement. | ||||
| 10025 | 3. Gusto Provision of the Background Checks Service is Governed by the Backgroun | ||||
| > | d Check Customer Agreement | ||||
| 10026 | Subject to the terms and conditions of the Background Check Customer Agreement, | ||||
| > | Gusto agrees to use commercially reasonable efforts to provide Customer with the | ||||
| > | Background Checks Service, through its partnership with Checkr, in accordance w | ||||
| > | ith the Background Check Customer Agreement. | ||||
| 10027 | 4. Obligations Under the Gusto Terms | ||||
| 10028 | In addition to the obligations specified in these Background Check Terms, Custom | ||||
| > | er has certain obligations under the Gusto Terms, including but not limited to o | ||||
| > | bligations to (i) designate Account Administrator(s); (ii) be responsible for ac | ||||
| > | tions taken under Customer’s Account; (iii) follow instructions Gusto or Checkr | ||||
| > | provides to Customer with respect to the Services; (iv) maintain applicable acco | ||||
| > | unts with providers of Third-Party Services; (v) provide accurate, timely, and c | ||||
| > | omplete information, and maintain the accuracy and completeness of such informat | ||||
| > | ion, in order for Gusto to perform the Services; and (vi) abide by certain oblig | ||||
| > | ations and refrain from taking certain prohibited actions, as described in furth | ||||
| > | er detail in Section 8 (User Is Responsible for Certain Information and Obligati | ||||
| > | ons Relating to the Services), Section 10 (Third-Party Services, Websites, and R | ||||
| > | esources), Section 13 (General Prohibitions), and Section 21 (Duty to Mitigate) | ||||
| > | of the Gusto Terms. | ||||
| 10029 | 5. Background Checks Service | ||||
| 10030 | Provided that Customer meets Customer’s obligations and complies with the terms | ||||
| > | of the Background Check Customer Agreement, Gusto will provide Customer with the | ||||
| > | Background Checks Service. The Background Checks Service shall be limited to al | ||||
| > | lowing Customer’s Account Administrator(s) to (i) initiate background check requ | ||||
| > | ests for candidates, (ii) view, for a limited period of time, the status of all | ||||
| > | background checks initiated directly on the Gusto Platform, and (iii) review, fo | ||||
| > | r a limited period of time, the results of background checks marked as “Clear,” | ||||
| > | “Consider,” or “Complete.” Customer acknowledges that Checkr, and not Gusto, is | ||||
| > | the Credit Reporting Agency (“CRA”), as that term is defined in the Fair Credit | ||||
| > | Reporting Act, 15 USC § 1681 et seq. (the “FCRA”). As the CRA, Checkr (and not G | ||||
| > | usto) is solely responsible for (a) conducting background check investigations; | ||||
| > | (b) assembling and/or evaluating Reports, as that term is defined in the Checkr | ||||
| > | Service Terms; (c) providing any and all legally required disclosures and/or not | ||||
| > | ifications; and (d) managing the adverse action or other customer dispute proces | ||||
| > | s. Customer also acknowledges that Gusto will not indefinitely store Reports gen | ||||
| > | erated by the Background Checks Service. The Background Checks Service is not li | ||||
| > | mited to criminal background checks and may include (but is not limited to) educ | ||||
| > | ation verifications and employment verifications. Gusto reserves the right to mo | ||||
| > | dify or discontinue any individual type of background check available through th | ||||
| > | e Background Checks Service at any time, with or without notice to Customer. | ||||
| 10031 | 6. Assess Features | ||||
| 10032 | Customer understands, acknowledges, and agrees that (i) Gusto has automatically | ||||
| > | enabled certain Checkr Assess Filters (defined below) for Reports initiated on t | ||||
| > | he Gusto platform that include checks regarding criminal history; and, as a resu | ||||
| > | lt, (ii) such Reports will display as “Clear” to the extent that the Report cont | ||||
| > | ains findings that fall within the scope of those Assess Filters. For the purpos | ||||
| > | e of background checks initiated on the Gusto Platform, “Checkr Assess Filters” | ||||
| > | shall include: | ||||
| 10033 | Dismissed charges; | ||||
| 10034 | Non-felony deferred / alternative adjudication charges; | ||||
| 10035 | Charges with less-than-misdemeanor severity; | ||||
| 10036 | Non-felony marijuana possession charges; and | ||||
| 10037 | Non-felony drug possession and paraphernalia charges. | ||||
| 10038 | For more information about the Checkr Assess Filters, visit the Checkr Help Arti | ||||
| > | cle on Assess, available at: https://help.checkr.com/s/article/14197799992215-Fe | ||||
| > | atures-of-Assess. Prior to initiating a background check, Customer is solely res | ||||
| > | ponsible for reviewing the Checkr Assess Features against the laws and regulatio | ||||
| > | ns that are applicable to Customer’s candidate, applicable job position, or busi | ||||
| > | ness. If Customer desires to remove the Checkr Assess Features from Customer’s a | ||||
| > | ccount, Customer should do so directly on the Checkr Platform unless directed ot | ||||
| > | herwise by Gusto or Checkr. | ||||
| 10039 | 7. Disputes Related to the Content, Accuracy, or Validity of a Report | ||||
| 10040 | Customer acknowledges that as the CRA, Checkr is solely responsible for managing | ||||
| > | or otherwise resolving any disputes as to the content, accuracy or validity of | ||||
| > | any Report that Checkr assembles and makes available to Customer through the Gus | ||||
| > | to Platform. Gusto does not engage in any form of investigation, re-investigatio | ||||
| > | n, dispute resolution, or any other action required by the adverse action proces | ||||
| > | s. | ||||
| 10041 | 8. Compliance with Laws | ||||
| 10042 | Customer shall comply with any and all laws, rules, or regulations applicable to | ||||
| > | the Background Checks Service (collectively, the “Applicable Laws”), including | ||||
| > | but not limited to the FCRA, anti-discrimination laws, and local, state and fede | ||||
| > | ral employment laws (e.g. “ban-the-box” laws). Customer may request and otherwis | ||||
| > | e use Reports solely for employment purposes and in accordance with this Section | ||||
| > | 8 (“Compliance with Laws”). Any access to or use of the Background Checks Servi | ||||
| > | ce by any individuals under the age of eighteen (18) is strictly prohibited. Any | ||||
| > | use of the Background Checks Service or the Reports assembled and/or provided h | ||||
| > | ereunder in contradiction of this Section 8 constitutes a violation of the Backg | ||||
| > | round Check Customer Agreement and may result in Customer’s suspension or termin | ||||
| > | ation from the Background Checks Service. | ||||
| 10043 | 9. No Legal or Professional Advice | ||||
| 10044 | Customer acknowledges and agrees that the Background Checks Service does not con | ||||
| > | tain legal, HR, or other professional advice, and neither Gusto nor Checkr can p | ||||
| > | rovide legal or other compliance-related advice to Customer and/or Customer’s Ad | ||||
| > | ministrator(s) regarding its use of the Background Checks Service. Gusto highly | ||||
| > | recommends that Customer consult with legal counsel regarding Customer’s use of | ||||
| > | the Background Checks Service, including the content of the prescribed notices a | ||||
| > | nd disclosures as well as how Customer acts upon any information contained in an | ||||
| > | y Report assembled by Checkr and displayed through the Gusto Platform. | ||||
| 10045 | 10. Customer Questions and Complaints | ||||
| 10046 | Gusto’s customer support for the Background Checks Service shall be limited to a | ||||
| > | nswering questions generally about pricing or availability of the Background Che | ||||
| > | cks Service or a Customer’s Gusto account. Any questions, complaints, or dispute | ||||
| > | s related to (i) how the Background Checks Service is performed or (ii) any info | ||||
| > | rmation contained within a Report should be directly solely to Checkr. Customer | ||||
| > | and Checkr shall decide how to handle or respond to such complaints without Gust | ||||
| > | o’s participation. Gusto is in no way responsible for Customer complaints stemmi | ||||
| > | ng from the validity, content, timing, or accuracy of Reports, or any other comp | ||||
| > | laint relating to any Report generated by Checkr. | ||||
| 10047 | 11. Service Fees and Charges | ||||
| 10048 | As part of the Background Checks Service, Gusto will invoice and debit Customer, | ||||
| > | on behalf of Checkr, on a monthly basis. Customer agrees to pay the fees assess | ||||
| > | ed by Checkr and invoiced by Gusto for the Background Checks Service (the “Check | ||||
| > | r Pass-Through Fees”), in accordance with this Section 11. Customer acknowledges | ||||
| > | and agrees that the Checkr Pass-Through Fees are charged solely at the discreti | ||||
| > | on of Checkr and include certain pass-through fees set by state and local agenci | ||||
| > | es and courthouses. Customer authorizes Gusto to debit Customer’s designated ban | ||||
| > | k account, as specified by Customer through the Gusto Platform, for all Checkr P | ||||
| > | ass-Through Fees as they become payable during the Term (as defined in Section 1 | ||||
| > | 4 herein). From time to time, Checkr may modify or raise the Checkr Pass-Through | ||||
| > | Fees. Checkr will provide notice of such modifications to Customer directly and | ||||
| > | Customer’s continued use of the Background Checks Service following such notice | ||||
| > | constitutes Customer’s acceptance of the modification and agreement to be debit | ||||
| > | ed in accordance with this Section 11. | ||||
| 10049 | Additionally, Customer agrees to reimburse Gusto for any sales, use, and similar | ||||
| > | taxes arising from the provision of the Background Checks Service that any fede | ||||
| > | ral, state, or local governments may impose. | ||||
| 10050 | 12. Gusto Is Not Responsible for Things Gusto Cannot Control | ||||
| 10051 | Gusto is not responsible or liable for any delays or failures in performance fro | ||||
| > | m any cause beyond Gusto’s control, including, but not limited to, acts of God, | ||||
| > | changes to laws or regulations, embargoes, wars, pandemics, terrorist acts, acts | ||||
| > | or omissions of third-party technology providers, riots, fires, earthquakes, fl | ||||
| > | oods, power outages, strikes, weather conditions, acts of hackers, acts of inter | ||||
| > | net service providers, acts of any other third party, or acts or omissions of Cu | ||||
| > | stomer. | ||||
| 10052 | Gusto is not responsible or liable for, and makes no warranties or representatio | ||||
| > | ns with respect to, the content, validity, or enforceability of any Report procu | ||||
| > | red by Customer, Checkr, or any third party as a result of the Background Checks | ||||
| > | Service. Further, Gusto is not responsible or liable for any matters or dispute | ||||
| > | s arising from such Reports, including but not limited to any disputes between C | ||||
| > | ustomer, Checkr, and/or a Consumer, as that term is defined in the Checkr Servic | ||||
| > | e Terms. | ||||
| 10053 | Any change to the products or services offered by any of the aforementioned thir | ||||
| > | d parties may materially and adversely affect, or entirely disable, Customer’s u | ||||
| > | se of or access to the Gusto Platform and the Gusto Services. Likewise, Gusto ca | ||||
| > | nnot guarantee that any Customer information hosted on a third-party server will | ||||
| > | remain secure. | ||||
| 10054 | 13. Modifications | ||||
| 10055 | Gusto may change or discontinue all or any part of the Background Checks Service | ||||
| > | at any time, with or without notice, at Gusto’s sole discretion. Gusto may also | ||||
| > | modify, amend, or restate the Background Check Customer Agreement at any time, | ||||
| > | in Gusto’s sole discretion. If Gusto does so, Gusto shall let Customer know eith | ||||
| > | er by posting the modified Background Check Customer Agreement on the Gusto Plat | ||||
| > | form or through other electronic communications. It is important that Customer r | ||||
| > | eview the Background Check Customer Agreement whenever Gusto modifies it because | ||||
| > | if Customer continues to use the Background Checks Service after Gusto has noti | ||||
| > | fied Customer of the modified Customer Agreement, Customer agrees to be bound by | ||||
| > | the modified Background Check Customer Agreement. If Customer does not agree to | ||||
| > | be bound by the modified Background Check Customer Agreement, then Customer may | ||||
| > | not continue to use the Background Checks Service. | ||||
| 10056 | 14. Term and Termination | ||||
| 10057 | The Background Check Customer Agreement will commence on the later to occur of ( | ||||
| > | a) Customer acknowledging and agreeing to the Background Check Customer Agreemen | ||||
| > | t and (b) Gusto making the Background Checks Service available to Customer, and | ||||
| > | it will terminate upon termination of the Background Check Customer Agreement by | ||||
| > | Gusto or Customer in accordance with this Section 14 (the “Term”). | ||||
| 10058 | Gusto may immediately (i) suspend or restrict Customer’s Account; (ii) suspend o | ||||
| > | r restrict Customer’s access to the Gusto Platform or the Background Checks Serv | ||||
| > | ice; (iii) block Customer’s ability to use any particular feature of the Backgro | ||||
| > | und Checks Service; or (iv) terminate the Background Checks Service and the Back | ||||
| > | ground Check Customer Agreement, in each case with or without notice to Customer | ||||
| > | , in the event that: (i) Gusto has reason to suspect that Customer may be in vio | ||||
| > | lation of the Background Check Customer Agreement or any Applicable Laws; (ii) G | ||||
| > | usto determines that Customer’s actions are likely to cause legal liability for | ||||
| > | or negative impact to Gusto; or (iii) Gusto believes that Customer has misrepres | ||||
| > | ented any data or information or that Customer has engaged in fraudulent or dece | ||||
| > | ptive practices or illegal activities. | ||||
| 10059 | Upon any expiration or termination of the Background Check Customer Agreement, C | ||||
| > | ustomer’s right to access and use the Background Checks Service will automatical | ||||
| > | ly terminate; provided, however, that Gusto will generally continue to provide C | ||||
| > | ustomer with the Limited Access Rights described in Section 22 (Term; Terminatio | ||||
| > | n; Suspension) of the Gusto Terms, subject to the terms and conditions therein. | ||||
| 10060 | 15. Maintenance | ||||
| 10061 | Gusto makes no representations or warranties about the availability or accessibi | ||||
| > | lity of the Background Checks Service. From time to time, scheduled system maint | ||||
| > | enance or emergency maintenance may occur, and during such periods, the Backgrou | ||||
| > | nd Checks Service may be inaccessible and unavailable, with or without notice to | ||||
| > | Customer. | ||||
| 10062 | 16. Indemnification | ||||
| 10063 | Customer will indemnify and hold harmless Gusto and its officers, directors, emp | ||||
| > | loyees, and agents (the “Indemnified Parties”) from and against any claims, disp | ||||
| > | utes, demands, liabilities, damages, losses, costs, judgements, penalties, fines | ||||
| > | , and expenses (including, without limitation, reasonable legal and accounting f | ||||
| > | ees) (collectively, the “Claims”), arising out of or in any way connected with ( | ||||
| > | i) Customer’s access to the Background Checks Service; (ii) Customer’s violation | ||||
| > | or alleged violation of the Background Check Customer Agreement; (iii) Customer | ||||
| > | ’s violation or alleged violation of any third-party right, including any right | ||||
| > | of privacy or publicity, or any right provided by any labor or employment law, r | ||||
| > | ule, or regulation; (iv) Customer’s breach of covenants, representations, or war | ||||
| > | ranties; (v) Customer’s violation of any law or regulation (including, without l | ||||
| > | imitation, any Applicable Laws); (vi) gross negligence, fraudulent activity, or | ||||
| > | willful misconduct by Customer or Customer’s employees; (vii) the content, compl | ||||
| > | iance, method of delivery or effectiveness of any notices, authorizations, discl | ||||
| > | osures, pre-adverse or adverse action letters; (viii) Customer’s failure, or the | ||||
| > | failure of any Account Administrators or Authorized Representatives, to properl | ||||
| > | y follow Gusto’s or Checkr’s instructions with respect to the Background Checks | ||||
| > | Service; or (ix) Gusto’s or any other Indemnified Party’s use of or reliance on | ||||
| > | information or data furnished by Customer, Customer’s Consumers, or Customer’s A | ||||
| > | uthorized Representatives in providing the Background Checks Service, or otherwi | ||||
| > | se in connection with the Background Check Customer Agreement. | ||||
| 10064 | 17. Limitation of Liability | ||||
| 10065 | Gusto is not responsible or liable for: (i) Customer’s use or inability to use t | ||||
| > | he Background Checks Service; (ii) any information obtained from or through the | ||||
| > | Background Checks Service; (iii) any interruption or failure to access or downlo | ||||
| > | ad the Reports; (iv) Customer’s reliance upon the information presented within t | ||||
| > | he Background Checks Service; (v) the cost of substitute services arising out of | ||||
| > | or in connection with the Background Check Customer Agreement or from the inabi | ||||
| > | lity to use the Gusto Platform; (vi) Customer’s failure to properly follow any G | ||||
| > | usto’s or Checkr’s instructions with respect to the Background Checks Service; o | ||||
| > | r (vii) any interruption in the Background Checks Service, delay in report proce | ||||
| > | ssing, or other error or violation of applicable law as a result of Customer’s f | ||||
| > | ailure to fulfill its obligations under the Background Check Customer Agreement. | ||||
| > | Maximum liability is amounts actually paid in the six (6) month period immediat | ||||
| > | ely preceding the date of the claim up to a maximum of $1,000. Recovery of the a | ||||
| > | bove amount is the sole and exclusive remedy. | ||||
| 10066 | 18. Warranty Disclaimer | ||||
| 10067 | TO THE FULLEST EXTENT PERMITTED BY LAW, THE BACKGROUND CHECKS SERVICE, INCLUDING | ||||
| > | ANY AND ALL SERVICES PROVIDED AS PART OF THE BACKGROUND CHECKS SERVICE, AND CON | ||||
| > | TENT CONTAINED THEREIN, ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WIT | ||||
| > | HOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, | ||||
| > | INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-IN | ||||
| > | FRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, | ||||
| > | GUSTO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THE BACKGROUND CHECKS S | ||||
| > | ERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, RE | ||||
| > | LIABLE, ACCURATE, ERROR-FREE, OR FREE OF DEFECTS, AND GUSTO WILL NOT BE LIABLE F | ||||
| > | OR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS OR DEFECTS. ANY PARTICIPATION I | ||||
| > | N OR USE OF THE BACKGROUND CHECKS SERVICE OR CONTENT CONTAINED THEREIN IS AT CUS | ||||
| > | TOMER’S SOLE RISK. GUSTO WILL NOT INDEFINITELY STORE REPORTS GENERATED BY THE BA | ||||
| > | CKGROUND CHECKS SERVICE ON THE GUSTO PLATFORM. | ||||
| 10068 | Effective November 15th 2024 to April 29th 2026 | ||||
| 10012 | Download | 10069 | Download | ||
| 10013 | Table of Contents | 10070 | Table of Contents | ||
| 10014 | Last updated September 7, 2022 | 10071 | Last updated September 7, 2022 | ||
| 14788 | Gusto's maximum aggregate liability for any claim arising out of or related to t | 14845 | Gusto's maximum aggregate liability for any claim arising out of or related to t | ||
| > | he GBC Service is limited to amounts actually paid by you for the GBC Service in | > | he GBC Service is limited to amounts actually paid by you for the GBC Service in | ||
| > | the six (6) months immediately preceding the claim. | > | the six (6) months immediately preceding the claim. | ||
| 14789 | 12. Modifications | 14846 | 12. Modifications | ||
| 14790 | Gusto may modify these GBC Terms or change, suspend, or discontinue any componen | 14847 | Gusto may modify these GBC Terms or change, suspend, or discontinue any componen | ||
| > | t of the GBC Service at any time, in accordance with Section 23 of the Employer | > | t of the GBC Service at any time, in accordance with Section 23 of the Employer | ||
| > | Terms. Gusto will provide notice of material modifications by posting the update | > | Terms. Gusto will provide notice of material modifications by posting the update | ||
| > | d GBC Terms on the Gusto website, by email, or through the Gusto Platform. Your | > | d GBC Terms on the Gusto website, by email, or through the Gusto Platform. Your | ||
| > | continued use of the GBC Service after the effective date of any modification co | > | continued use of the GBC Service after the effective date of any modification co | ||
| > | nstitutes acceptance of the modified GBC Terms. If you do not agree to a modific | > | nstitutes acceptance of the modified GBC Terms. If you do not agree to a modific | ||
| > | ation, you may cancel the GBC Service in accordance with Section 9 before the ef | > | ation, you may cancel the GBC Service in accordance with Section 9 before the ef | ||
| > | fective date of the modification. | > | fective date of the modification. | ||
| t | t | 14848 | Firm Growth Agents Promotion Terms | ||
| 14849 | Version | ||||
| 14850 | Version 1.0 (Current) | ||||
| 14851 | Effective April 28th 2026 | ||||
| 14852 | Download | ||||
| 14853 | Table of Contents | ||||
| 14854 | Last updated April 28, 2026 | ||||
| 14855 | These Firm Growth Agents Promotion Terms ("Promotion Terms") together with the A | ||||
| > | ccountant Program Terms of Service ("Accountant Program Terms") and the Gusto Te | ||||
| > | rms for Promotional Offers & Discounts ("Discounts Terms") (collectively, the "P | ||||
| > | romotion Agreement") contain the terms and conditions that govern participation | ||||
| > | in the Promotion (as defined below). Capitalized terms not defined in these Prom | ||||
| > | otion Terms have the meanings ascribed to them in the Accountant Program Terms a | ||||
| > | nd Discounts Terms, as applicable. In the event of a conflict between these Prom | ||||
| > | otion Terms and the Accountant Program Terms or the Discounts Terms, these Promo | ||||
| > | tion Terms will govern with respect to the Promotion. As used in these Promotion | ||||
| > | Terms, "you" and "your" both refer to the participating Accountant Partner (as | ||||
| > | defined in the Accountant Program Terms). | ||||
| 14856 | By submitting the Firm Growth Agents form, you agree to be bound by these Promot | ||||
| > | ion Terms. | ||||
| 14857 | Eligibility | ||||
| 14858 | To participate in the Promotion, you must be enrolled in the Gusto Accountant Pa | ||||
| > | rtner Program and in good standing at the time of form submission. | ||||
| 14859 | Promotion | ||||
| 14860 | Gusto is sponsoring forty (40) free licenses to Gumloop's suite of AI-powered Fi | ||||
| > | rm Growth Agents (the "Promotion"). Each eligible partner who claims a license w | ||||
| > | ill receive two (2) consecutive months of free access to Gumloop's Firm Growth A | ||||
| > | gents tools beginning on the date Gumloop activates the partner's account (the " | ||||
| > | Free Period"). | ||||
| 14861 | This Promotion is available beginning April 29, 2026 and will remain open until | ||||
| > | all forty (40) licenses have been claimed or June 29, 2026, whichever comes firs | ||||
| > | t (the "Promotion Period"). | ||||
| 14862 | Licenses are available on a first-come, first-served basis. Only forty (40) lice | ||||
| > | nses are available in total. Submitting the form does not guarantee access — ava | ||||
| > | ilability is determined by the order in which complete, valid submissions are re | ||||
| > | ceived. Once all forty (40) licenses have been claimed, the Promotion will close | ||||
| > | . Gusto reserves the right to close the form at any time and is under no obligat | ||||
| > | ion to notify partners if licenses are no longer available. | ||||
| 14863 | Limit: one (1) license per Accountant Partner firm. | ||||
| 14864 | After the Free Period | ||||
| 14865 | Your free access to Gumloop's Firm Growth Agents tools will expire at the end of | ||||
| > | the two (2) month Free Period.To continue using the tools after the Free Period | ||||
| > | , you will need to sign up for a paid subscription directly with Gumloop. Gusto | ||||
| > | is not responsible for any charges, fees, or obligations arising from your conti | ||||
| > | nued use of Gumloop's services after the Free Period. | ||||
| 14866 | Third-Party Service; Data Sharing | ||||
| 14867 | The Firm Growth Agents tools are provided by Gumloop, not Gusto. By submitting t | ||||
| > | he form, you acknowledge and agree that: | ||||
| 14868 | (a) Gusto will share the information you provide in the form (including your nam | ||||
| > | e, title, firm name, and email address) with Gumloop solely for the purpose of s | ||||
| > | etting up your Gumloop account and activating your free license; | ||||
| 14869 | (b) Your use of the Firm Growth Agents tools is subject to Gumloop's own terms o | ||||
| > | f service and privacy policy, which you should review before using the tools; | ||||
| 14870 | (c) Gusto is not a party to your relationship with Gumloop and makes no represen | ||||
| > | tations or warranties regarding Gumloop's tools, services, pricing, or availabil | ||||
| > | ity; | ||||
| 14871 | (d) Gusto is not responsible for any acts, omissions, or failures by Gumloop in | ||||
| > | connection with the Firm Growth Agents tools; and | ||||
| 14872 | (e) Gusto's collection and use of your personal information in relation to this | ||||
| > | Promotion is governed by Gusto's Privacy Policy (available at gusto.com/privacy) | ||||
| > | . Once your information has been shared with Gumloop pursuant to clause (a) abov | ||||
| > | e, Gumloop's handling of that information is governed solely by Gumloop's own pr | ||||
| > | ivacy policy, and Gusto is not responsible for Gumloop's data security, storage, | ||||
| > | or processing practices. | ||||
| 14873 | Limitation of Liability | ||||
| 14874 | TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GUSTO BE LIA | ||||
| > | BLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES AR | ||||
| > | ISING OUT OF OR RELATED TO THIS PROMOTION. GUSTO'S TOTAL AGGREGATE LIABILITY ARI | ||||
| > | SING OUT OF OR RELATED TO THIS PROMOTION WILL NOT EXCEED ONE HUNDRED DOLLARS ($1 | ||||
| > | 00). | ||||
| 14791 | Pricing | 14875 | Pricing | ||
| 14792 | Starting at just $55 per month | 14876 | Starting at just $55 per month | ||
| 14793 | Built for you | 14877 | Built for you | ||
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