Terms

Last updated July 15, 2025

These Labor Law Poster Subscription Service Terms of Service ("Poster Terms"), together with the Gusto Employer Terms of Service (available at gusto.com/legal/terms) ("Employer Terms") (collectively the "Poster Agreement"), set out the terms under which Gusto, Inc. ("Gusto") will provide Employers access to labor law poster subscription services ("Poster Service") via the Gusto Platform. In the event of a conflict between the Poster Terms, and the Employer Terms, the Poster Terms will control with respect to the Poster Service. The Poster Terms are "Additional Terms" as defined in the Employer Terms.

By accessing or using the Poster Service, or by clicking the applicable button, you represent that you are authorized to bind Employer to this Poster 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. Poster Service Description

Subject to your compliance with the Poster Agreement and any instructions Gusto may provide to you, Gusto will use commercially reasonable efforts to provide you with access to labor law posters ("Posters") on a subscription basis. The Poster Service is offered via two subscription types:

• Physical Poster Subscription which includes: (a) physical federal and state labor law Posters shipped to your designated address(es); (b) digital access to download applicable local labor law Posters; and (c) updates to Posters when applicable laws change; and

• Digital Poster Subscription which includes: (a) digital access to federal, state, and local labor law Posters, (b) delivery of digital posters to designated Members in their Member Account; and (c) electronic updates to Posters when applicable laws change.

2. Poster Service Incorporates Third-Party Services

This Poster Agreement governs Employers’ access to the Poster Service through the Gusto Platform and is in addition to and separate from any third-party terms that govern certain Third-Party Services as part of the Poster Service. Such third-party poster services are governed by the terms of use available at https://myposterservice.com/epc_terms_of_use.pdf. In the event of a conflict between this Poster Agreement and any Third Party Service terms, the Poster Agreement will govern with respect to services rendered on the Gusto Platform.

3. Poster Subscription Service Fees

The Poster Service is available on a monthly subscription basis. By agreeing to these Poster Terms, you authorize Gusto to automatically charge your designated Bank Account monthly for the posted Service Fees for the Poster Service (“Subscription Fees”). Your subscription will automatically renew at the end of each month unless you cancel it before the renewal date. You authorize Gusto to automatically charge your Bank Account for each renewal period at the then-current Service Fees. Gusto reserves the right to change the Subscription Fees upon notice to you, in accordance with Section 10 of the Employer Terms.

4. Poster Delivery and Updates

Posters may be available in digital or physical format. Upon successful enrollment in the Poster Service, physical Posters will be shipped to your designated address within a commercially reasonable timeframe. Digital Posters will be delivered to your Employer Account and to any applicable Member Accounts automatically within a commercially reasonable time frame. Delivery timeframes for physical and digital Posters are estimates only and are not guaranteed.

When applicable laws change which necessitate updated Posters, updated physical Posters will be shipped to Employer’s then current worksite addresses as listed in the Employer Account within a commercially reasonable timeframe. You acknowledge that there may be a delay between the effective date of legal changes and your receipt of updated physical Posters. If you have purchased digital Posters, the digital Posters available to you in the Employer Account and to Employers’ designated Members in their respective Member Accounts will update automatically within a commercially reasonable timeframe. Gusto is not responsible for obtaining Member acknowledgement, signature, or written confirmation of receipt of Posters of any kind.

You may be provided an electronic version of an updated Poster prior to the shipment of the corresponding physical poster. You acknowledge that for physical Posters, any electronic updates are intended to temporarily supplement, not replace the physical Poster. For digital Posters, an electronic update is the replacement for the prior version. In all cases, such updates are not a substitute for your obligation to physically post labor law notices where required by applicable law.

You are responsible for providing accurate shipping information and/or for providing the correct work locations of all Members who will receive digital Posters (as applicable). Gusto is not responsible for delivery delays or failures resulting from incorrect shipping or delivery information, incorrect worksite information, or other factors outside its reasonable control.

5. Employer Responsibilities

You are solely responsible for properly displaying and/or distributing the Posters in accordance with all applicable laws, regulations, and applicable legal requirements. This may include, but is not limited to, displaying Posters in conspicuous locations accessible to all applicable Members, maintaining the condition of Posters, and ensuring that current versions are displayed or, in the case of digital Posters, distributed and accessible at all times.

Unless otherwise instructed by Gusto, you are solely responsible for notifying Members when updated or new digital Posters are available to them and for determining a method or means of confirming receipt and/or acknowledgment of any digital Posters by applicable Members.

You are solely responsible for verifying that the Posters you receive are appropriate for your business type, location, industry, and size and for your compliance with applicable law. You acknowledge that the Poster Service may not offer or stock all Posters necessary for Employer’s unique compliance needs. Gusto does not guarantee that you will receive all Posters required for your specific business circumstances.

If you operate in multiple locations, you are responsible for ensuring that appropriate Posters are displayed at each location. Additional subscriptions may be required for multiple locations.

6. Cancellation

This Poster Agreement will remain in effect for the duration of your subscription to the Poster Service. You may terminate your subscription to the Poster Service at any time by following the cancellation process in your Employer Account. To avoid being charged for the next month, you must cancel before your monthly renewal date. Your cancellation will be effective at the end of the current monthly billing cycle, and you will not receive a refund for any prepaid Subscription Fees.

Upon cancellation of the Poster Service, you will no longer receive Poster updates, but you may continue to display previously received Posters. At the end of the monthly billing cycle in which you cancel, you and your Members will lose access to all digital Posters in your respective accounts. Furthermore, you will not receive any physical Posters that have not already been ordered at the time of cancellation. Your obligation to comply with all applicable labor law posting requirements continues regardless of your subscription status.

7. Compliance and Disclaimer of Warranties

While the Poster Service is designed to assist you in meeting labor law posting requirements, Gusto makes no guarantee that the Posters will satisfy all applicable requirements for your specific business. The Poster Service is not a substitute for legal advice, and you should consult with legal counsel regarding your specific compliance obligations.

THE POSTER SERVICE AND POSTERS ARE 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 POSTER SERVICE WILL BE UNINTERRUPTED, ACCURATE, OR ERROR FREE. YOU AGREE THAT YOUR USE OF THE POSTER SERVICE AND POSTERS IS AT YOUR OWN RISK AND YOU AGREE NOT TO RELY ON THE POSTER SERVICE AS YOUR SINGLE SOURCE OF COMPLIANCE, OR AS A SUBSTITUTE FOR QUALIFIED PROFESSIONAL ADVICE. NO GUSTO AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS TO THIS WARRANTY.

8. Limitation of Liability

Gusto is not responsible or liable for: (i) Employer's use or inability to use the Poster Service; or (ii) any regulatory penalties, fines, or other consequences resulting from Employer’s failure to comply with labor law posting requirements, regardless of whether such failure relates to the Posters provided through the Poster Service.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUSTO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE POSTER SERVICE OR POSTERS, EVEN IF GUSTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Privacy

Where we process personally identifiable information in the provision of the Poster Service to you, you acknowledge that Gusto is acting on your behalf and you determine the means and purposes of the processing. By using or enrolling in the Poster Service you authorize Gusto to share Employer Data with Third Party Service providers as necessary to provide you the Poster Service.Gusto will handle your information in accordance with our Privacy Policy (available at www.gusto.com/privacy).

10. Modifications to Terms

Gusto reserves the right to update this Poster Agreement at any time by posting on our website. Your continued use of the Poster Service following Gusto's communication of the modified Poster Agreement shall constitute Employer's acceptance of the modifications.

11. General Legal Provisions

Nothing in this Poster Agreement creates any agency, joint venture, partnership, or other form of joint enterprise, employment, or fiduciary relationship between Gusto and Employer.

This Poster Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Poster Agreement.

If any term or provision of this Poster Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Poster Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

This Poster Agreement, together with the Employer Terms and any other documents incorporated herein by reference, constitutes the sole and entire agreement between you and Gusto with respect to the Poster Service and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Poster Service.