Everything on Gusto's platform belongs to Gusto. Users get a limited license to use it but own nothing about the platform itself.
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
Users cannot reproduce, distribute, or build upon any part of the Gusto platform, and any data outputs or reports generated by Gusto's system are subject to Gusto's IP rights claims.
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 →Developers integrating with Gusto's platform are now bound by mandatory arbitration and class action waiver provisions, meaning they cannot join or file class actions against Gusto and must resolve disputes through individual, binding arbitration. The updated terms also grant Gusto the right to modify, update, or discontinue developer tools at its sole discretion without notice or liability, which could disrupt integrations and require developers to absorb costs of upgrading to new versions. Developers should review Section 19 of the updated terms carefully before creating or maintaining integrations with Gusto's platform, and consider whether the arbitration and modification provisions align with their business and legal risk tolerance.
View change record →Removal of explicit intellectual property ownership language eliminates clarity on Gusto's IP rights, though such rights are likely assumed and may be addressed in updated terms.
View full change record →Employer-customers access Gusto's platform under a limited, revocable license and have no ownership claim over the platform's features, algorithms, or generated reports. This means that if Gusto discontinues a feature, there is no recourse based on prior access rights.
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"The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, and the design, selection, and arrangement thereof, are owned by Gusto, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.Excerpt from Gusto's Terms of Service
REGULATORY LANDSCAPE: Intellectual property provisions of this type are standard in SaaS agreements and are governed primarily by federal copyright and trademark law.
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Users cannot reproduce, distribute, or build upon any part of the Gusto platform, and any data outputs or reports generated by Gusto's system are subject to Gusto's IP rights claims.
Employer-customers access Gusto's platform under a limited, revocable license and have no ownership claim over the platform's features, algorithms, or generated reports. This means that if Gusto discontinues a feature, there is no recourse based on prior access rights.
ConductAtlas has identified this type of provision across 263 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Gusto.