This analysis describes what Gusto's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
Employers who continue using the Platform or Services after a modification is posted become contractually bound to the new terms without any affirmative acceptance step.
The updated terms make explicit that requesting a background check through Gusto creates a legally binding agreement not just with Gusto but also incorporating terms from Gusto's payroll service and Checkr's service agreement. This means customers are committing to multiple overlapping sets of terms when they initiate a background check request. The change does not appear to alter the substantive rights or obligations, but rather clarifies their scope and binding nature in writing.
View change record →Continuing to use the Platform or Services after changes are posted binds you to the modified Agreement.
How other platforms handle this
If we do not hear from you during the notice period, you will be considered as having accepted the proposed changes and they will apply to you from the effective date specified on the notice.
Your continued use of your Steam Account more than thirty (30) calendar days after the entry into force of the changes will constitute your acceptance of the changes.
Your continued use of the Services after the changes become effective will constitute your acceptance of the changes.
"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.Excerpt from Gusto's Terms of Service
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Employers who continue using the Platform or Services after a modification is posted become contractually bound to the new terms without any affirmative acceptance step.
Continuing to use the Platform or Services after changes are posted binds you to the modified Agreement.
ConductAtlas has identified this type of provision across 289 platforms. See the full comparison.
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