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This page describes what the document states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability may vary by jurisdiction. Methodology
“Unless we state otherwise, all Service Fees are non-refundable.”
“Neither you nor Gusto may bring a Dispute as a part of a class, group, collective, coordinated, consolidated or mass arbitration...”
“NEITHER GUSTO NOR ANY OTHER PARTY...WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION...”
“Employer's continued use of the Platform or Services after such changes are posted constitutes Employer's agreement to be bound by the modified Agreement.”
“Employer accepts all risks of unauthorized use of Employer's Account.”
“Employer agrees to indemnify and hold harmless Gusto and its officers, directors, employees, successors, assigns, representatives, subsidiaries, affiliates, and agents...from and against any losses, damages, expenses, claims, actions...”
This document sets the rules for using Gusto's payroll and HR platform as an employer. Every fee you pay is non-refundable, and if something goes wrong, Gusto's financial responsibility is capped at what you paid in the past six months. Disputes must go to individual arbitration rather than court — but you have 30 days from signing up to opt out of that requirement.
Gusto's Terms of Service establish the contractual framework governing employer use of the Gusto Platform and Services, including payment, dispute resolution, liability, and account responsibilities. All Service Fees are non-refundable as a default, and Gusto caps its total liability at amounts paid in the six months preceding a claim while excluding liability for consequential, incidental, or exemplary damages entirely. Gusto retains unilateral authority to modify the Agreement at its sole discretion effective upon posting, and continued use constitutes binding acceptance of modified terms. Employers bear full risk of unauthorized account use, must indemnify Gusto and a broad set of affiliated parties against losses and claims, and are subject to immediate account holds or Agreement termination without notice if Gusto determines OFAC Specially Designated National status applies. Disputes must be resolved exclusively through final and binding individual arbitration, with jury trial rights waived, though employers may opt out of the Arbitration Provision within thirty days of electronic acceptance.
As an employer using Gusto, you bear the full financial risk of any unauthorized use of your account, must cover Gusto and its affiliates against a wide range of claims, and cannot recover fees paid as a matter of right. If Gusto changes its terms, your continued use of the platform binds you to the new terms automatically. Your most important available action: if you want to preserve the right to resolve disputes in court or as part of a group, you must send an arbitration opt-out notice within 30 days of electronically accepting the Terms.
Which mapped governance frameworks each document engages, tied to the specific provisions that engage them.
12 important changes detected
24 versions captured · Latest change detected by ConductAtlas: September 2026
Gusto added 'Gusto Channel Partner Program Terms' to its table of contents in the Employer Terms of Service on July 1, 2026. This is a formatting and organizational change that …
View change record →Gusto updated contact email addresses in its Employer Terms of Service on June 26, 2026. The arbitration opt-out form submission email changed from a company-specific address to legal-opt-outs@gusto.com, and the …
View change record →Gusto updated two email contact addresses in their Terms of Service on June 21, 2026. The legal opt-out email changed from legal-opt-outs@gusto.com to a new address, and the general support …
View change record →Gusto's table of contents for their Terms of Service was updated on June 16, 2026 to add a new linked document titled 'Accounting Business Development Agents Promotion Terms' to the …
View change record →Gusto updated two email contact addresses in its Terms of Service on June 13, 2026. The arbitration opt-out submission address changed from a generic email to legal-opt-outs@gusto.com, and the general …
View change record →Gusto updated its Terms of Service on May 28, 2026 with three minor sentence revisions affecting character encoding and formatting in the table of contents and payment obligations section. The …
View change record →Gusto updated two email addresses in their Terms of Service on May 21, 2026. The opt-out request email address changed from legal-opt-outs@gusto.com to a redacted address ([email protected]), and the …
View change record →Gusto updated its Employer Terms of Service on May 19, 2026 with three minor changes. The table of contents added a reference to 'Referee terms increase reward exp', the payment …
View change record →Gusto updated its Terms of Service on May 9, 2026 with five technical corrections. The changes include updating contact email addresses (legal-opt-outs@gusto.com for arbitration opt-outs and support@gusto.com for general inquiries), …
View change record →Gusto updated two email addresses in their Terms of Service contact sections on May 6, 2026. The opt-out form submission address changed from legal-opt-outs@gusto.com to a redacted email address, and …
View change record →“Unless we state otherwise, all Service Fees are non-refundable.”
“Neither you nor Gusto may bring a Dispute as a part of a class, group, collective, coordinated, consolidated or mass arbitration...”
“NEITHER GUSTO NOR ANY OTHER PARTY...WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION...”
“Employer's continued use of the Platform or Services after such changes are posted constitutes Employer's agreement to be bound by the modified Agreement.”
“Employer accepts all risks of unauthorized use of Employer's Account.”
“Employer agrees to indemnify and hold harmless Gusto and its officers, directors, employees, successors, assigns, representatives, subsidiaries, affiliates, and agents...from and against any losses, damages, expenses, claims, actions...”
“Gusto may institute a hold on Employer's Bank Account or funds, or terminate this Agreement immediately without notice, if Gusto determines...that Employer or any of Employer's Administrators are a Specially Designated National...”
“Gusto may modify this Agreement at any time, in Gusto's sole discretion, effective upon posting of an updated version of this Agreement.”
“You and we both further agree to waive our right to a jury trial.”
“You and Gusto agree that the sole and exclusive forum for resolution of a Dispute will be final and binding arbitration pursuant to this Section 24...”
“IN NO EVENT WILL GUSTO'S TOTAL LIABILITY FOR ANY CLAIMS...EXCEED THE AMOUNTS EMPLOYER HAS PAID TO GUSTO FOR USE OF THE PLATFORM, SERVICES, OR GUSTO CONTENT IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING...”
“You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice...within thirty (30) days of the date of your electronic acceptance of these Terms...”
Every distinct legal provision identified in this document. Featured provisions appear above with analysis.
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Cross-platform context
See how other platforms handle All Service Fees Non-Refundable Unless Stated and similar clauses.
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