Gusto | Online Payroll Services, HR, and Benefits
See demo
Create free account
How it works
Sign in
Gusto

Terms

Gusto MCP Terms of Service

Last updated October 13, 2025

These Gusto Model Context Protocol Terms of Service (“Gusto MCP Terms”), together with the Gusto Employer Terms of Service (“Employer Terms”) (collectively, the “Gusto MCP Agreement”), contain the terms and conditions under which Gusto will provide eligible Employers with access to Gusto’s model context protocol server (“Gusto MCP”) and certain related programs and/or documentation (collectively the “Employer MCP Tools”) for the purposes described below. Capitalized terms used but not defined in these Gusto MCP Terms have the meanings ascribed to them in the Employer Terms. In the event of a conflict between the Gusto MCP Terms and the Employer Terms, the Gusto MCP Terms shall control with respect to the Employer MCP Tools. The Gusto MCP Terms are Service Terms, and the Employer MCP Tools constitute a Service each as defined in the Employer Terms.

The Employer Terms contain a mandatory arbitration provision and class action waiver requiring Employer to resolve disputes with Gusto through final, binding arbitration on an individual basis.

The Employer Terms, including our Acceptable Use Policy, are incorporated into this Gusto MCP Agreement with full force and effect. By using the Employer MCP Tools, or by signing or clicking the applicable button to indicate your acceptance of these Gusto MCP Terms, you agree, effective as of the date of such action, to be bound by the Gusto MCP Agreement, including the arbitration provision and class action waiver. If you are accepting this Gusto MCP Agreement on behalf of Employer (e.g. in your capacity as agent of Employer), you represent that you have the authority to bind Employer to this Gusto MCP Agreement and that Employer accepts this Gusto MCP Agreement.

1. Definitions

For purposes of these Gusto MCP Terms: (a) “Approved Provider” means an artificial intelligence model provider that has been pre-approved by Gusto in writing for use with the Employer MCP Tools, as such list may be created and modified by Gusto from time to time in its sole discretion; (b) “LLM Account” means a user account maintained by Employer in good standing with an artificial intelligence model provider; (c) “AI Output” means any content, response, or result generated by an artificial intelligence model(s).

2. License to Use the Employer MCP Tools

Subject to your compliance with the Gusto MCP Agreement, and any instructions, limitations and conditions for use of the Employer MCP Tools made available or communicated to you by Gusto, Gusto will grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Employer MCP Tools only as necessary for your internal use to integrate your Employer Account and your LLM Account. Any use of the Employer MCP Tools for a commercial purpose is prohibited.

3. Limitations and Eligibility

Access to the Employer MCP Tools will be restricted to Administrators with the appropriate permissions, as communicated by Gusto. Without limiting Section 1 of the Employer Terms, you understand Employer is solely responsible for monitoring and managing Administrator access and permissions to the Employer Account.

Gusto retains sole discretion to establish and modify a list of Approved Providers at any time without notice. If Gusto establishes a restricted list of Approved Providers, any connection of an Employer Account to an artificial intelligence model provider not on such Approved Provider list via the Employer MCP Tools will be strictly prohibited.

Gusto reserves the right to create, set and/or modify additional eligibility criteria for Employer access to the Employer MCP Tools, including but not limited to prior enrollment in a particular Service Plan.

4. Employer Responsibility for AI Outputs

Gusto is not responsible for AI Outputs or Employer’s use of the same. Employer acknowledges that use of the Employer MCP Tools will enable AI Outputs from artificial intelligence model provider to be transmitted to or integrated with the Employer Account, and that Employer may cause such AI Outputs to be used in Gusto Services including payroll processing, health insurance benefits administration, and/or payroll tax reporting, among others. Employer acknowledges and understands that AI Outputs may contain inaccuracies, errors, or “hallucinations.” Gusto is not responsible for and does not review or verify AI Outputs for accuracy or compliance. Employer is solely responsible for: (i) verifying all AI Outputs before use; (ii) ensuring compliance with applicable laws when using AI Outputs; (iii) implementing appropriate oversight and human review procedures as applicable; and (iv) any consequences arising from inaccurate, incomplete or non-compliant AI Outputs. Gusto disclaims all responsibility for errors, violations or outcomes arising from Employer's use of AI Outputs and has no obligation to monitor or validate such outputs.

5. Fees

Gusto reserves the right to charge, and Employer agrees to pay, Service Fees for use of the Employer MCP Tools subject to Section 10 of the Employer Terms.

6. Privacy & Security

By accepting these Gusto MCP Terms, you authorize Gusto to collect and use information about your use of the Employer MCP Tools and LLM Account, including (but not limited to) the content of queries you make via the Gusto MCP through your linked LLM Account as described in Gusto’s Employer DPA. Though not obligated to, Gusto may monitor your use of the Employer MCP Tools to assess compliance with these Gusto MCP Terms and to improve, provide, and maintain the Employer MCP Tools and Gusto Platform.

Employer is solely responsible for: (i) obtaining all necessary consents from Members and other data subjects before transmitting their personal data to foundation model providers; and (ii) ensuring compliance with all applicable privacy laws. Employer acknowledges that Employer Data transmitted through the MCP Server will be processed by artificial intelligence model providers according to their own terms of service and privacy policies. Employer further acknowledges that (i) such processing may include training artificial intelligence models, or other uses as determined by the artificial intelligence model provider; (ii) Employer Data may be stored, cached, or retained by the artificial intelligence model provider according to their own data handling and retention policies; (iv) artificial intelligence model providers may be located outside the United States and/or may transfer data internationally; and (v) Gusto has no control over and is not responsible for how artificial intelligence model providers process, store, or use data. By using the Employer MCP Tools, you represent and warrant that you have the legal authority to share Employer Data with the applicable artificial intelligence model provider.

Employer is solely responsible for the security of any Shared Employer Data retrieved or sent via the Employer MCP Tools. Gusto may recommend that Employer follow certain security guidelines, as determined by Gusto in its sole discretion and as may be updated from time to time and Employer is solely responsible for any consequence of Employer’s failure to promptly implement or adopt any recommended security guidelines.

7. General Prohibitions

Employer agrees not to take, attempt to take, or assist any third party in taking the following actions:

  • Use the Employer MCP Tools to integrate with any system or application to which (a) Employer does not have the rights to access or (b) that is prohibited by Gusto;

  • Reproduce, distribute, modify, or create derivative works based on the Employer MCP Tools;

  • Reverse engineer, decode, disassemble, or otherwise attempt to derive any source code or architecture framework of Employer MCP Tools;

  • Access or use the Employer MCP Tools in order to develop, market, sell, or distribute any product/service;

  • Bypass security safeguards or exploit security vulnerabilities in the Employer MCP Tools or Gusto Platform;

  • Use the Employer MCP Tools for any purpose other than Employer’s internal use;

  • Take any action that subjects the Employer MCP Tools to any third party contractual terms, including but not limited to, open source software license terms;

  • Introduce viruses, worms, malware, or other malicious or harmful code into the Employer MCP Tools or Gusto Platform;

  • Misrepresent the source or ownership of material or data sent or retrieved via the Gusto MCP;

  • Access or use the Employer MCP Tools in any way that does not comply with this Gusto MCP Agreement (including the Acceptable Use Policy) and all applicable law;

  • Use or rely on any AI Output in any way that does not comply with applicable law or regulation, including (without limitation) employment law.

8. Modifications

Employer understands and acknowledges that artificial intelligence models and model context protocol systems are new and rapidly developing technologies and that the features, functionality, and scope of the Employer MCP Tools will be modified over time as such technology continues to transform. Accordingly, Gusto reserves the right to modify or discontinue the Employer MCP Tools with or without notice, and Gusto will not be liable for any such modification or discontinuance. Artificial intelligence model providers may also modify or discontinue their services, and Gusto is not responsible for any such activity. In the event Gusto modifies or updates the Employer MCP Tools, Gusto may require you to use the most current version of the Employer MCP Tools.

Gusto may modify these Gusto MCP Terms at any time, in Gusto’s sole discretion, by posting the modified Gusto MCP Terms on its website. Your continued use of the Employer MCP Tools following modification of the Gusto MCP Terms will constitute your acceptance of the modifications. If you do not agree to be bound by the modified Gusto MCP Terms, then you may not continue to use the Employer MCP Tools.

9. No Warranties

The Employer MCP Tools are available as is, and Gusto makes no representations or warranties of any kind about the uptime, availability, performance or permissibility of the Employer MCP Tools or any artificial intelligence model provider services, including without limitation any Approved Provider services. Gusto makes no representations or warranties about the compatibility of the Employer MCP Tools with Employer’s systems or requirements, or with the systems of services of artificial intelligence model provider(s). From time to time, Employer may have limited or no access to the Employer MCP Tools due to scheduled or emergency maintenance of the Employer MCP Tools. Gusto shall make commercially reasonable efforts to provide notice of such maintenance to Customer. Gusto shall have no liability to Employer arising from any such maintenance, including any failure or delay of Gusto in providing notice to Employer of such maintenance. Except as may be agreed to in writing by Gusto or as Gusto may, in its sole discretion, provide, but shall have no obligation to provide, support or maintenance for the Employer MCP Tools.

Employer acknowledges that the Gusto MCP facilitates connections to third-party artificial intelligence model providers, including Approved Providers, that are not owned, controlled, or operated by Gusto. Gusto makes no representations or warranties regarding: (i) the privacy policies, terms of service, or data handling practices of any artificial intelligence model provider; (ii) the accuracy, reliability, or performance of any foundation model or AI Output, including those provided or made available by Approved Providers; (iii) the availability, reliability, performance or uptime of any artificial intelligence model provider services; or (iv) compliance by any artificial intelligence model provider with applicable laws or regulations. Selection and use of any artificial intelligence model provider is at Employer’s own risk.

10. Indemnification and Limitation of Liability

Without limiting Employer’s indemnification obligations in Section 21 of the Employer Terms (“Indemnity”), you agree to indemnify and hold the Indemnified Parties harmless against any and all Claims arising from: (i) your access to or use of the Employer MCP Tools; (ii) modifications you make, or that are made on your behalf, to the Employer MCP Tools that are not authorized by Gusto; or (iii) any data or materials you, or your Administrators upload or transmit via the Gusto MCP; or (iv) your violation of the Gusto MCP Terms.

Employer further acknowledges that AI Outputs may be inaccurate, biased, or inappropriate, and that all AI Outputs made available to Employer via the Employer MCP Tools are generated by artificial intelligence model providers, not Gusto. Gusto has no control over and bears no responsibility for AI Outputs received by Employer via the Employer MCP Tools. Employer agrees to: (i) independently verify all AI Outputs before relying on them for business decisions; (ii) indemnify Gusto against any claims arising from AI Outputs or Employer’s use of or reliance on AI Outputs including but not limited to claims of discrimination, bias, inaccuracy, or inappropriate content; (iii) hold Gusto harmless from any failure, interruption, or termination of artificial intelligence model provider services; and (iv) assume all risks associated with the use of AI Outputs.

11. Termination; Suspension

Upon termination, any sections of these Gusto MCP Terms which by their nature should survive, will survive. Upon termination, your access to the Employer MCP Tools (including the Gusto MCP) shall terminate.

Gusto reserves the right to suspend your access to the Employer MCP Tools immediately in the event that (i) Gusto reasonably believes that you have failed to comply with these Gusto MCP Terms (including, for example, by misusing or abusing the Employer MCP Tools; or (ii) Gusto reasonably suspects or discovers a security issue (“Security Issue”) that may impact the Employer MCP Tools. Gusto shall make commercially reasonable efforts to limit such suspension to the minimum extent necessary to eliminate the Security Issue, and will make commercially reasonable efforts to provide notice of such suspension. Gusto will have no liability arising from any such suspension, or from any failure to provide notice of such suspension.