Terms

Gusto Handbook & Policy Compliance Scanner Beta Terms

These Gusto SCM Handbook & Policy Compliance Scanner Beta Service Terms (“Compliance Scanner Beta Terms”), together with the Gusto Terms of Service (“Gusto Terms” available at gusto.com/about/terms), the Payroll Terms of Service (“Payroll Terms” available at gusto.com/about/terms/payroll), and OpenAI, L.L.C.’s (“OpenAI”) Terms of Use (“OpenAI Terms” available at openai.com/policies/terms-of-use) (collectively, the “Agreement”), contain the terms under which Gusto provides to eligible Users (each a “Customer”) certain AI-assisted document scanning and analysis services (collectively, the “Compliance Scanner Beta Services”) through the Platform. Capitalized terms used but not defined herein have the meanings ascribed to them in the Gusto Terms. To the extent there is a conflict between any applicable terms, the Compliance Scanner Beta Terms will control with respect to the applicable subject matter. These Compliance Scanner Beta Terms are Service Terms as defined in the Gusto Terms.

The Gusto Terms contain an arbitration provision and class action waiver which requires Customer to resolve disputes with Gusto through final, binding arbitration on an individual basis. By entering into this Agreement, you acknowledge that you have read and understood the terms of this Agreement and that you agree to be bound by the arbitration provision and class action waiver.

1. The Compliance Scanner Beta Terms are in Addition to and Separate from the OpenAI Terms

The Gusto Terms, Compliance Scanner Beta Terms, and Gusto’s Privacy Policy govern access to the Gusto Platform and are separate from and in addition to the terms governing OpenAI’s platform and services (the “OpenAI Platform”). The OpenAI Platform is governed by the OpenAI Terms and OpenAI’s Privacy Policy available at https://openai.com/policies/privacy-policy. Customer should review the terms and policies governing the Gusto Platform and the OpenAI Platform (collectively, the “Platforms”). Customer acknowledges that the policies and terms of both Platforms govern. Where any provision governing the Gusto Platform conflicts with any provision governing the OpenAI Platform, the provision governing the Gusto Platform shall control for the purposes of services rendered on the Gusto Platform.

2. Compliance Scanner Beta Service

The Handbook & Policy Compliance Scanner Beta Service shall be limited to (a) allowing Customer to send certain documents, content, and data (“Inputs”) to be processed by OpenAI; (b) processing of such Inputs by OpenAI’s artificial intelligence-powered functionality to identify potential compliance gaps (each potential compliance gap an “Output”). Customer acknowledges and understands that all Inputs provided by Customer will be transmitted to OpenAI and handled in accordance with their Privacy Policy, as it may be updated from time to time. OpenAI is a Third-Party Service as defined in the Gusto Terms. Gusto reserves the right to modify, update or discontinue the Compliance Scanner Beta Service at any time in Gusto’s sole discretion, with or without notice.

2. Restricted Use

Without limiting Section 13 of the Gusto Terms (“General Prohibitions”), Customer agrees to the following restrictions on use of the Compliance Scanner Beta Service:

• Customer shall not create or provide Inputs containing any identifiable personal information or personal data, as defined under applicable data privacy laws;
• Customer shall not create or provide Inputs that violate any of the prohibitions in the OpenAI Terms, including without limitation, the Usage Requirements contained in Section 2 of the OpenAI Terms;
• Customer shall ensure that Customer’s use of the Handbook & Policy Compliance Scanner Beta Services does not violate applicable law or regulation, or the terms of the Agreement.

3. No Legal or Professional Advice

Customer understands and acknowledges that Outputs are generated by artificial intelligence technology provided by OpenAI. Outputs are created by OpenAI based on the Inputs provided by Customer. Gusto is not responsible for the accuracy, completeness, or content of Outputs. Customer is solely responsible for Customer’s reliance on any Outputs. Outputs are not intended to be construed as, and should not be construed as, legal or professional advice of any kind. Customer agrees that Customer’s reliance on Outputs is at Customer’s own risk and Customer accepts full responsibility for the results of any such reliance.