Gusto Sole Discretion to Modify Agreement

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.

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.

The updated terms now explicitly state that Employers waive the right to participate in class-action lawsuits and must pursue all claims against Gusto on an individual basis through binding arbitration. This means Employers can no longer join other users in collective legal action, even if many face identical problems with Gusto's service or billing. Individual arbitration typically costs more and produces less leverage for individual plaintiffs than class actions. You should review whether this dispute resolution requirement aligns with your business needs and consult legal counsel if you have concerns about waiving class-action rights.