Terms

Last updated April 18, 2025

These Gusto AI Assistant Terms of Service (“Gus Terms”), together with the Gusto Employer Terms (available at gusto.com/legal/terms) (“Employer Terms”), and the Payroll Terms (available at gusto.com/legal/terms/payroll) (“Payroll Terms”) (collectively the “Gusto AI Assistant Agreement”) set out the terms under which Gusto, Inc. (“Gusto”) will provide Gusto Users (as defined below) access to Gusto’s artificial intelligence-based chatbot and account assistant, Gus (“Gus” or “Gusto AI Assistant”) via the Gusto Platform or a third party program. In the event of a conflict between the Gus Terms, the Employer Terms, and the Payroll Terms, the Gus Terms will control with respect to the Gusto AI Assistant. The Gus Terms are “Additional Terms” as defined in the Employer Terms.

By accessing or using Gus, or by clicking the applicable button, you represent that you are authorized to bind Employer to this Gusto AI Assistant Agreement and that Employer agrees to its terms.

THE EMPLOYER TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT IS INCORPORATED HEREIN WITH FULL EFFECT.

1. Gusto AI Assistant Functionality

Subject to your compliance with the Gusto AI Assistant Agreement and any instructions Gusto may provide to you, Gusto will use commercially reasonable efforts to enable Gus to perform certain functions at your request or on your behalf, including but not limited to: answering your questions about Gusto’s services, providing information to you about the Employer Account (each such function a “Skill”).

Some Skills are only available to Account Administrators who have enabled Gus from within their Employer Account. For more information on enabling Gus in order to access additional Skills, see our Help Center.

Access to Skills, or certain uses of Skills, may be restricted to certain Account Administrators based on their permissions. Gusto may add, modify, or remove Skills at any time without notice.

Certain skills remain under development and may only be available to limited users on a “beta” or pilot basis.

Actions taken by Gus at Employer’s request, direction, or otherwise under this Gusto AI Assistant Agreement constitute Authorized Actions as defined in the Employer Terms.

2. Inputs & Outputs

You may cause information or content to be provided to Gus (collectively such information or content constitute “Inputs”) and receive responses or output (“Outputs”) from Gus. Inputs constitute Employer Data as defined in the Employer Terms. Outputs constitute Gusto Content as defined in the Employer Terms. Collectively, Inputs and Outputs constitute “Materials.”

By submitting Inputs to the Gusto AI Assistant, you represent and warrant that you have all rights, licenses, and permissions that are necessary for Gusto to process the Inputs under this Gusto AI Assistant Agreement, including (without limitation), to share Materials with others at your direction and to use, process, and share the Materials as described in our Privacy Policy (available at www.gusto.com/privacy). Gusto may retain and use Materials, at its sole discretion, to enhance, research and analyze Gusto’s Services, including enhancement and improvement of Gus. You also represent and warrant that your submitting Inputs to us will not violate this Gusto AI Assistant Agreement, our Acceptable Use Policy, or any laws or regulations applicable to those Inputs. You understand that you have sole responsibility for the accuracy, quality, integrity, and legality of all Inputs, including any personal data included in Inputs, and disclosure of the same.

Gusto does not guarantee the accuracy of any Output generated by the Gusto AI Assistant. Given the probabilistic nature of machine learning and artificial intelligence, use of the Gusto AI Assistant may result in an erroneous or incomplete Output, and Employer should not rely on any Output without independently confirming its accuracy and completeness. Outputs may not be unique, and the same or similar Output may be generated for others. Outputs may be incomplete, incorrect, reflect out of date information, or reflect information that is not consistent with Gusto’s views. Outputs referencing a third party do not constitute an endorsement of that third party or mean that Gusto has a relationship with that third party.

Employer is solely responsible for Employer’s use of or reliance on Outputs, and agrees not to use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.

3. Acceptable Use

Employer will at all times comply with Gusto’s Acceptable Use Policy, available at www.gusto.com/legal/terms/acceptable-use. You will not, and will not allow, instruct, authorize or induce anyone or anything to (a) be misled that Output is human-generated; (b) include any content that violates any third-party rights in an Input; (c) include in an Input or attempt to generate in an Output any content that (i) expresses or promotes hate, harassment, or violence, (ii) includes information that is illegal, sexual, political, harmful, false, fraudulent, or misleading, (iii) misuses data, or (iv) contains malware, ransomware, viruses, or other harmful software or content; (e) automatically or programmatically extract data or Outputs; or (f) access Gus for purposes of developing a competing product or service.

4. Limitations

Without limiting Section 17 of the Employer Terms (“No Professional or Legal Advice; No Guaranteed Outcomes”), you understand and agree that the Gusto AI Assistant does not provide, is not intended to provide, and should not be used for, professional advice of any kind, including (without limitation) legal, tax, HR, or medical advice.

5. Fees

Gusto reserves the right to charge Service Fees for use of the Gusto AI Assistant.

6. Privacy

Where we process personally identifiable information in the provision of Gusto AI Assistant to you, you acknowledge that Gusto is acting on your behalf and you determine the means and purposes of the processing. If you are subject to applicable US state data privacy laws and you are a (i) a “business” and we process “personal information” (as those terms are defined by the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020) on your behalf, or (ii) a “controller” and we process “personal data” (as those or similar terms are defined by applicable US state data privacy laws) on your behalf; we will use or process your personal data in accordance with our Employer Data Processing Agreement, which is incorporated herein by reference.

7. Modification

Gusto reserves the right to change, modify, update, or discontinue the Gusto AI Assistant at any time without notice. Gusto may update this Gusto AI Agreement at any time by posting on our website. Your continued use of the Gusto AI Assistant following Gusto’s communication of the modified Gusto AI Agreement shall constitute Employer’s acceptance of the modifications.

8. Termination

Gusto reserves the right to suspend or terminate your access to the Gusto AI Assistant without notice if we believe that you have or are likely to violate applicable law or this Gusto AI Assistant Agreement, including the Acceptable Use Policy, or if your use of Gus could cause harm to Gusto, our users, or any third party.

9. Warranty Disclaimer

Without limiting Section 20 of the Employer Terms (“Warranty Disclaimers”), you understand and agree as follows: THE GUSTO AI ASSISTANT IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. GUSTO DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR ACCURACY OR COMPLETENESS OF RESULTS, OR LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. GUSTO DOES NOT WARRANT THAT THE GUSTO AI ASSISTANT WILL BE UNINTERRUPTED, ACCURATE, OR ERROR FREE. YOU AGREE THAT YOUR USE OF OUTPUTS IS AT YOUR OWN RISK AND YOU AGREE NOT TO RELY ON AN OUTPUT AS YOUR SINGLE SOURCE OF TRUTH, OR AS A SUBSTITUTE FOR QUALIFIED PROFESSIONAL ADVICE. NO GUSTO AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS TO THIS WARRANTY.