Welcome to the combined Legal Hub for Fuse and Gustav. Here you will find all our legal agreements.
Last update on: May 25, 2023
By using Gustav, you agree to be bound by the legally binding User Agreement between you ("You", "User", "Customer") and Fuse Cooperative DBA Gustav ("Gustav", "Fuse Gustav VMS", "we", "us", and "our"). This Agreement includes Gustav's Terms of Service, which consist of all linked agreements, including the Privacy Policy, Terms of Use, applicable Payment Agreement, and Section 13, which contains an arbitration agreement and class action waiver that applies to claims brought against Gustav in the United States. You have the opportunity to opt out of arbitration as provided in Section 13. The Agreement also applies to any Prime Vendor and Sub-vendor using the Fuse Cooperative Network Service ("Fuse Cooperative Network"). Please read the terms carefully because by using Gustav, you are promising to uphold all agreements in the Terms of Service.
Before using any of our Services, including our VMS, you must read and agree to this Agreement (which includes the dispute resolution and arbitration provisions in Section 13). If you do not understand or agree to all the terms and conditions, you may not use our Services. Do not click to accept this Agreement, "Sign Up", "Create My Account", or similar, and do not visit gustav.app, use our mobile applications, or otherwise use our Services if you do not understand or agree to this Agreement. If you are using our Services on behalf of a business or legal entity, you may only do so if you have the authority to agree to the Terms of Service on behalf of that entity.
To use Fuse Gustav VMS, you must complete an online registration process, either initiated from our website or by invitation email, and accept our Terms of Use and Privacy Policy. You must provide true, accurate, current, and complete information in all mandatory registration fields. If your information changes, please update your account promptly to ensure that Fuse Gustav VMS can provide accurate and appropriate services. We may suspend or terminate your access to our sites and Fuse Gustav VMS accounts if we believe the information you provide is untrue, inaccurate, not current, incomplete, or for other reasons at our sole discretion. You are responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your account. Sharing account information with users outside your organization is strictly prohibited. You may add new users within your organization by registering them as users of an existing account through an email that is linked to that account.
By creating an account, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. You may opt-out of receiving any or all of these communications by following the unsubscribe link or by emailing us at team@hellogustav.com.
You may use Fuse Gustav VMS only for business purposes, and you must be eligible to enter into this Agreement, which includes being 18 years of age or older. By registering for an Account or using our Marketplace, you represent and warrant that you: (a) are doing business under your own name as a self-employed individual/sole proprietor or are an employee or agent of an independent business (such as a corporation, limited liability company, or other entity); (b) will use our Marketplace solely for business purposes; (c) will comply with all applicable licensing, registration, or other requirements related to your business or the business you represent and any offering or provision of Gustav; and (d) are either a legal entity or an individual who is at least 18 years old (or the age of majority in your country if the age of majority is over 18) and can form legally binding contracts.
This section outlines the terms related to purchases and subscriptions on Fuse Gustav VMS. To make a purchase, you are required to provide information such as credit card details and billing address. You must ensure that the information you provide is accurate and complete. Third-party services, Ascen Workforce LLC, Chargebee, and Stripe may be used to facilitate payments, and you agree to share your information with them. Fuse Gustav VMS reserves the right to refuse or cancel an order at any time, and refunds are not offered for cancellations.If you subscribe to a service on Fuse Gustav VMS (“Subscription(s)”), you will be billed on a recurring basis, either monthly or annually. Your subscription will automatically renew at the end of each billing cycle unless you cancel it. Fuse Gustav VMS will charge all subscription fees to your payment method. If automatic billing fails, you will be issued an electronic invoice with a deadline for manual payment. You can upgrade, downgrade, or cancel your subscription at any time, but no refunds are offered for cancellations once payment has been made. You may cancel your Subscription renewal either through your online account management page or by contacting Gustav’s customer support team at team@hellogustav.com.
We may offer a limited free trial (“Free Trial”) period for a subscription at our sole discretion. If you sign up for the Free Trial, you may be required to provide billing information. However, you will not be charged until the Free Trial period expires. If you do not cancel your Subscription before the end of the Free Trial, you will be charged the applicable Subscription fees for the type of Subscription you have selected. Gustav reserves the right to modify or cancel the terms of the Free Trial offer at any time without notice.
We may change the fees for our Subscription plans at any time. The new fee will become effective at the end of your current billing cycle. We will notify you of any fee changes in advance, and you can cancel your Subscription before the new fee takes effect if you don't agree to it. If you continue using the Service after the fee change, you are agreeing to the new fee.
Except when required by law, paid Purchases & Subscription fees are non-refundable.
You are solely responsible for creation, storage, and backup of your business records. You agree that Fuse Gustav VMS has no obligation to store, maintain or provide you a copy of any content or information that you provide, except to the extent required by applicable law.
USING FUSE GUSTAV VMS AND ANY THIRD PARTY INFORMATION PROVIDED TO YOU THROUGH GUSTAV ARE AT YOUR OWN RISK. GUSTAV AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE CANNOT GUARANTEE THAT GUSTAV OR ANY THIRD PARTY INFORMATION PROVIDED IN CONNECTION WITH GUSTAV SERVICES WILL (A) MEET YOUR REQUIREMENTS, (B) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) PROVIDE ACCURATE OR RELIABLE CONTENT OR USER CONTENT, (D) MEET YOUR EXPECTATIONS, OR (E) CORRECT ANY ERRORS. IF YOU ACCESS OR TRANSMIT ANY USER CONTENT THROUGH GUSTAV SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION. NO DATA, INFORMATION, OR RECOMMENDATIONS OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US, OTHER USERS, OR THROUGH GUSTAV WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Fuse Gustav VMS is not liable, and you agree not to hold us responsible, for any damages or losses you incur in connection with the Terms of Service, including but not limited to: your use of the Site or Site Services, disruptions or delays in the Site or Site Services, viruses or other harmful software, errors or inaccuracies in the Site or Site Services, damage to your device, actions or inactions of third parties, suspension of your account, or reliance on job postings, ratings, recommendations, and feedback.
We, our affiliates, licensors, and third-party service providers are not liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including litigation costs, installation and removal costs, or loss of data, production, profit, or business opportunities.
Our liability, our affiliates', licensors', and third-party service providers' liability to any user for any claim under this Agreement or the other Terms of Service will not exceed $2,500 or the fees we received from your service contracts in the six months before the claim, whichever is less. These limitations apply to any liability arising from any cause of action under this Agreement or the other Terms of Service, whether in contract, tort, strict liability, or otherwise. Some jurisdictions do not allow these limitations, so they may not apply to you.
You will indemnify, defend, and hold harmless Fuse Gustav VMS, our other Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) your or your agents’ use of the Services, including any payment obligations or default (described in Section 6.4 (Non-Payment or Default)) incurred through use of the Services; (b) any Work Product or User Content related to your use of the Services; (c) any Service Contract entered into by you or your agents, including, but not limited to, the classification of a User as an independent contractor, any employment-related claims; (d) your or your agents’ failure to comply with the Terms of Service; (e) you or your agents’ failure to comply with applicable law; (f) negligence, willful misconduct, or fraud by you or your agents; and (g) you or your agents’ violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights. For purposes of this Section 12, your agents include any person who has apparent authority to access or use your account demonstrated by using your username and password.
“Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including attorneys’ fees) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party.
“Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User.
We have the right to stop you from using Fuse Gustav VMS immediately if you break the law or fail to follow the rules in these Terms or other agreements related to using Fuse Gustav VMS. If other users report that you have broken the rules, we may also suspend, limit, or stop your access to certain services on Gustav. We can do this for any reason, as decided by us. If we stop you from using Fuse Gustav VMS because you broke the rules, you will not get a refund for any fees or payments you already made, and you will still need to pay any outstanding amounts you owe to us or other users.
If you have a dispute with any other user or third party related to Fuse Gustav VMS, Fuse Cooperative, Ascen Workforce LLC, or our affiliates, including any service provided through Gustav, you agree to release us, our affiliates, and their officers, directors, employees, and agents from any and all claims, demands, and damages, whether known or unknown, arising from or in any way connected to such disputes.
To the extent applicable, you hereby waive the protections of California Civil Code § 1542 (and any analogous law in any other applicable jurisdiction) which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Fuse Gustav VMS is committed to attempting informal resolution of disputes before turning to arbitration. To that end, this Section 13 provides for a two-part dispute resolution process. The first step is to attempt to resolve the dispute in an informal negotiation. To initiate the information negotiation process, you and we will first notify the other party of the nature of the dispute and then we will engage in good faith negotiations in an attempt to resolve the dispute for sixty (60) days. You must send your notice of dispute by email to: team@hellogustav.com with the words “notice of dispute” in the subject line of your email, and you must include your name and preferred contact information, a brief description of the dispute and the relief sought.
If the Parties are unable to resolve the dispute informally within the sixty (60) day period, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms or any incorporated policy, including the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of Fuse Gustav VMS the Fuse Cooperative Network and the services provided through or in connection with the Fuse Cooperative Network, (“Disputes”) will be settled by binding individual arbitration administered by the American Arbitration Association (“AAA”) AAA.
You have the right to opt out binding arbitration pursuant this Section 13 within 30 days of the date upon which you create your Gustav account unless a longer period is required by applicable law. You must notify us in writing of your intent to opt-out by e-mailing a written notification with “arbitration opt-out” in the subject line to: team@hellogustav.com. To be effective, your email must include: (1) your business name and an individual contact name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with through arbitration.
This Agreement, the Site Terms of Use, the other Terms of Service, and any Claim will be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions; provided, however, that any Claims made by any User located within the United States will be governed by the law of the state in which such User resided at the time the dispute arose.
However, notwithstanding the foregoing sentence, this Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).
This Arbitration Provision is the full and complete agreement relating to the formal resolution of Claims. The arbitrator shall have exclusive jurisdiction to decide all disputes arising out of or relating to the arbitrability of a Claim or the interpretation, enforcement, or application of this Arbitration Provision, including the enforceability, revocability, scope, breach, or validity of the Arbitration Provision or any portion of the Arbitration Provision, except as expressly provided below. All such matters shall be decided by an arbitrator and not by a court. The parties expressly agree that, except as provided by the Class and Collective Waiver section below, the arbitrator and not a court will decide any question of whether the parties agreed to arbitrate, including but not limited to any claim that all or part of this Arbitration Provision, this Agreement, or any other part of the Terms of Service is void or voidable.
In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable, except as set forth below.
Private attorney general representative actions under the California Labor Code are not arbitrable, not within the scope of this Arbitration Provision and may be maintained in a court of law. However, this Arbitration Provision affects your ability to participate in class or collective actions. Both you and Gustav agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action, or as a member in any such class or collective proceeding (“Class Action Waiver”).
Notwithstanding any other provision of this Agreement, disputes regarding the enforceability, revocability, scope, validity, or breach of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If there is a final judicial determination that all or part of the Class Action Waiver is unenforceable or that an arbitration can proceed on a class basis, then the arbitration provision herein shall be considered null and void in its entirety and the class or collective action to that extent must be litigated in a civil court of competent jurisdiction. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. You and Gustav agree that you will not be retaliated against as a result of your filing or participating in a class or collective action in any forum. However, Gustav may lawfully seek enforcement of this Arbitration Provision and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class or collective actions or claims.
You may opt out of the Arbitration Provision contained in this section by notifying Gustav in writing within 30 days of the date you first registered for the Site. To opt out, you must send a written notification to Gustav at Attn: Legal, 1800 Wazee St, Ste 300 #50 Denver, CO, 80202 that includes (a) your Account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a statement indicating that you wish to opt out of the Arbitration Provision. Alternatively, you may send this written notification to team@hellogustav.com.
Opting out of this Arbitration Provision will not affect any other terms of this Agreement.
If you do not opt out as provided in this section, continuing your relationship with Gustav constitutes mutual acceptance of the terms of this Arbitration Provision by you and Gustav. You have the right to consult with counsel of your choice concerning this Agreement and the Arbitration Provision.
This section outlines the confidentiality obligations of both parties and ownership rights for customer data and intellectual property.
Both parties acknowledge that one party ("Disclosing Party") may share confidential business, technical or financial information ("Proprietary Information") with the other party ("Receiving Party"). This includes non-public information about the service's features, functionality, and performance (if the Disclosing Party is the company) or non-public data provided by the customer to enable the service (if the Disclosing Party is the customer).
The Receiving Party agrees to take reasonable measures to protect this Proprietary Information and not to disclose or use it except as needed to provide the service or as allowed in this agreement. The confidentiality obligations will not apply to any information that becomes publicly available, was already known by the Receiving Party, was disclosed without restriction by a third party, or is required by law.
Customer data, as well as any data based on or derived from it that is provided to the customer as part of the service, will be owned by the customer. The company will own and retain all rights to the service, software, improvements, enhancements, modifications, technology developed in connection with implementation or support, and any related intellectual property rights.
The company will have the right to collect and analyze data and information related to the provision, use, and performance of the service and related technologies. They may use this information to improve the service and for other development, diagnostic, and corrective purposes. They may also disclose this data in aggregate or de-identified form for business purposes. No other rights or licenses are granted except as explicitly stated in this agreement.
Modifications - We reserve the right to modify or discontinue any part of Fuse Gustav VMS, with or without prior notice, at any time. This may happen temporarily or permanently, and we won't be liable to you for any resulting inconvenience. Occasionally, we may also restrict access to certain parts of Fuse Gustav VMS, or the entire service, for certain users or periods of time.
Entire Agreement - This agreement, along with the other Terms of Service, is the only agreement between you and us concerning Fuse Gustav VMS and replaces all previous agreements for the services, including any prior agreements for actions taken after the effective date of this agreement. The only exception is if you have a Fuse Cooperative Network Agreement or similar agreement for premium services, in which case that agreement supersedes these Terms of Service to the extent stated in that agreement. Any written or verbal communications cannot serve as a Fuse Cooperative Network Agreement.
Copyright Policy - We respect the rights of others and take claims of copyright or other intellectual property infringement seriously. If you believe that any content on our Service infringes on your copyright or intellectual property rights, please contact us at team@hellogustav.com with the subject line "Copyright Infringement" and provide us with a detailed description of the alleged infringement.
Please note that you could be held accountable for costs and legal fees if you make false or bad-faith claims about the infringement of any content found on or through our Service.
Assignability - You may not transfer or assign these Terms of Service or any of your rights or obligations under these Terms, unless you follow the provisions outlined in this section. If you wish to assign the Terms of Service or your account to a successor after an acquisition of your company or substantially all of your assets, a merger, or another change in majority ownership of your company, you must provide written notice to Gustav at Attn: Legal, 1155 Dairy Ashford Rd., Suite. 801, Houston, TX, 77079 or via email to team@hellogustav.com, including specific information such as your account username, name, address, telephone number, email address, a statement indicating the manner in which your company was acquired, the name and contact information of the acquiring company, and the effective date of the change in ownership. Fuse Gustav VMS has the right to object to the assignment, but if it does not object within 7 business days, the assignment will be deemed permissible. This provision does not apply to users of the Fuse Cooperative Network Agreement. Any other attempted transfer or assignment without Fuse Gustav VMS's prior written consent will be null and void.
Severability; Interpretation - If any part of this Agreement is found to be invalid or unenforceable, the parties will do their best to change it to make it work within the law, but the rest of the Agreement will still apply. If a part of this Agreement is illegal, invalid, or unenforceable, it will only be ineffective to the extent of that illegality, invalidity, or unenforceability and will be modified to follow the law and reflect what the parties intended. If this happens in one place, it won't affect the Agreement's validity or enforceability elsewhere.
Force Majeure - If something beyond our reasonable control happens, like a natural disaster or government action, and it causes a delay or failure in fulfilling our obligations under this agreement, we won't be held responsible for that.
Consent to use electronic records - Fuse Gustav VMS and its Affiliates may need to provide you with certain communications, notices, agreements, statements or disclosures in writing regarding our Services. You consent to receive these records electronically from Fuse Gustav VMS and its Affiliates rather than in paper form.
Public Announcements - You grant us the right to use your name, logo, trademarks and/or trade names in press releases, webpages, product brochures and financial reports indicating that you are a customer of ours. All other public statements or releases will require the mutual consent of the parties. You agree to reasonably cooperate with us to serve as a reference account upon request.
Acknowledgement - BY USING FUSE GUSTAV VMS SERVICES OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
