The agreement prohibits Employers from granting account access to any party that intends to harvest, crawl, or scrape data from the platform without Gusto's written authorization, and defines such parties as 'Prohibited Third Parties' regardless of whether the Employer consented to their access.
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
This provision restricts data access methods that Employers might otherwise enable for third-party integrations or data export purposes, and it applies regardless of Employer consent, placing the responsibility on Employers to verify the intent of any third party to whom they grant access.
Interpretive note: The agreement does not specify what constitutes 'express written authorization' from Gusto for data access, creating ambiguity about whether API-based third-party integrations using Gusto's developer program satisfy this requirement.
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 →This new provision restricts employer ability to authorize third-party access and data scraping, even with employer consent, unless Gusto explicitly authorizes it.
View full change record →Under this clause, the agreement prohibits Employers from knowingly or unknowingly providing account credentials to any party seeking to scrape or harvest platform data without Gusto's written authorization, and characterizes such access as a violation regardless of the Employer's purported authorization.
How other platforms handle this
Before enabling an integration, granting Claude access to, or instructing Claude to take actions on a Third-Party Service, you should ensure you have the authority to grant such access and that doing so complies with any applicable terms, policies, or confidentiality obligations.
use TikTok Content...another user's content or generative AI-enabled features for commercial purposes unless permitted by TikTok USDS Joint Venture or the user, respectively...
access or use the Services in a manner that suggests an association with our products, services or brands
"Employer agrees not to grant Employer Account access to, or disclose any confidential log-in credentials to, Prohibited Third Parties. A "Prohibited Third Party" is a third party that seeks to access or accesses the Platform or Services using an Administrator Profile or an Administrator's log-in credentials, regardless of Employer's purported consent or authorization, in order to harvest, crawl, or scrape information from the Platform or Services without Gusto's express written authorization.Excerpt from Gusto's Terms of Service
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This provision restricts data access methods that Employers might otherwise enable for third-party integrations or data export purposes, and it applies regardless of Employer consent, placing the responsibility on Employers to verify the intent of any third party to whom they grant access.
Under this clause, the agreement prohibits Employers from knowingly or unknowingly providing account credentials to any party seeking to scrape or harvest platform data without Gusto's written authorization, and characterizes such access as a violation regardless of the Employer's purported authorization.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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