Terms

GUSTO HANDBOOK BUILDER TERMS OF SERVICE

These Gusto Handbook Builder Terms of Service (“Handbook Builder Terms”), together with the Gusto Employer Terms of Service (available at gusto.com/legal/terms) (“Employer Terms”) (collectively, the “Agreement”), set out the terms under which Gusto, Inc. (“Gusto”) will provide Employers access to the Gusto Handbook Builder Service (“Handbook Builder Service”) via the Gusto Platform. In the event of a conflict between the Handbook Builder Terms and the Employer Terms, the Handbook Builder Terms will control with respect to the Handbook Builder Service. The Handbook Builder Terms are “Additional Terms” as defined in the Employer Terms. Capitalized terms not defined here have the meanings given in the Employer Terms. By accessing or using the Handbook Builder Service, or by accepting these Handbook Builder Terms, you represent that you are authorized to bind Employer to this 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. Handbook Builder Service Description. The Handbook Builder Service is a tool available through the Gusto Platform that enables Employers to create employee handbooks using templates, guidance, and compliance-related content provided by Gusto. The Handbook Builder Service includes the following components: handbook templates and policy content based on certain applicable federal and state requirements; a guided workflow for selecting and customizing handbook policies; and the ability to publish and distribute completed handbooks to Members via the Gusto Platform. The Handbook Builder Service does not cover all laws, regulations, or compliance requirements that may apply to Employer’s business or workforce, and Employer should not assume that a handbook created using the Handbook Builder Service addresses all applicable legal obligations.
2. Early Access. The Handbook Builder Service is currently available as an early access offering to Employers enrolled in certain Gusto Service Plans and with employees located in select states. Availability may vary by jurisdiction, and Gusto may expand or limit availability to additional jurisdictions and Service Plans at any time. Handbook Builder Service is in active development and Gusto reserves the right to modify, add, or remove features at any time with or without notice. Gusto may discontinue the Handbook Builder Service at any time without liability to Employer. Employer’s use of the Handbook Builder Service does not guarantee its future availability.
3. Confidentiality. Employer agrees to treat non-public features, functionality, and related product information concerning the Handbook Builder Service as confidential and not to disclose such information to any third party.
4. Disclaimers. THE WARRANTY DISCLAIMERS IN SECTION 20 OF THE EMPLOYER TERMS AND THE “NO PROFESSIONAL OR LEGAL ADVICE; NO GUARANTEED OUTCOMES” PROVISIONS IN SECTION 17 OF THE EMPLOYER TERMS APPLY IN FULL TO THE HANDBOOK BUILDER SERVICE. IN ADDITION TO THOSE DISCLAIMERS: GUSTO PROVIDES THE HANDBOOK BUILDER SERVICE AS A SOFTWARE TOOL AND DOES NOT PROVIDE LEGAL ADVICE, LEGAL COUNSEL, OR DEDICATED HR CONSULTING SERVICES THROUGH THE HANDBOOK BUILDER SERVICE. ALL TEMPLATES, POLICY CONTENT, AND GUIDANCE PROVIDED THROUGH THE HANDBOOK BUILDER SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY. GUSTO DOES NOT WARRANT THAT ANY HANDBOOK CONTENT IS ACCURATE, COMPLETE, LEGALLY SUFFICIENT, OR CURRENT, OR THAT IT ADDRESSES ALL APPLICABLE FEDERAL, STATE, OR LOCAL LAWS AND REGULATIONS. GUSTO DOES NOT WARRANT THAT USE OF THE HANDBOOK BUILDER SERVICE WILL RESULT IN COMPLIANCE WITH ANY APPLICABLE LAW OR REGULATION.
5. Limitation of Liability. THE LIMITATION OF LIABILITY PROVISIONS IN SECTION 22 OF THE EMPLOYER TERMS, INCLUDING THE EXCLUSION OF INCIDENTAL, SPECIAL, AND CONSEQUENTIAL DAMAGES, APPLY IN FULL TO THE HANDBOOK BUILDER SERVICE.
6. Modifications. Gusto may modify these Handbook Builder Terms or change, suspend, or discontinue any component of the Handbook Builder Service at any time, in accordance with Section 23 of the Employer Terms. Gusto will provide notice of material modifications by posting the updated Handbook Builder Terms on the Gusto website, by email, or through the Gusto Platform. Your continued use of the Handbook Builder Service after the effective date of any modification constitutes acceptance of the modified Handbook Builder Terms.