The agreement incorporates Gusto's Acceptable Use Policy by reference, making it a binding component of the overall agreement alongside the Employer Terms and any applicable Additional Terms.
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
The Acceptable Use Policy is incorporated as a binding contractual term, meaning violations of that policy constitute breaches of the overall agreement and may trigger enforcement actions including account suspension or termination.
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 provision incorporates an external Acceptable Use Policy by reference, potentially binding employers to requirements not fully detailed in the main terms.
View full change record →Under this clause, the agreement binds Employers to the Acceptable Use Policy as a component of the overall contract. Conduct prohibited under the Acceptable Use Policy may result in account suspension, termination, or other enforcement measures available to Gusto under the agreement.
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"By accessing or using the Platform, including any Services, Employer agrees to be bound by these Terms, any Additional Terms specific to Services that Employer accesses or uses, and our Acceptable Use Policy (collectively, this "Agreement").Excerpt from Gusto's Terms of Service
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The Acceptable Use Policy is incorporated as a binding contractual term, meaning violations of that policy constitute breaches of the overall agreement and may trigger enforcement actions including account suspension or termination.
Under this clause, the agreement binds Employers to the Acceptable Use Policy as a component of the overall contract. Conduct prohibited under the Acceptable Use Policy may result in account suspension, termination, or other enforcement measures available to Gusto under the agreement.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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