These Terms of Service (“Terms”) govern access to and use of the CostIt website, software platform, applications, features, and related services (collectively, the “Service”). The Service is provided by CostIt LLC (“CostIt,” “we,” “us,” or “our”). Please read these Terms carefully. By creating an account, accepting an invitation to a CostIt organization, starting a trial, purchasing a subscription, or otherwise accessing or using the Service, you agree to be bound by these Terms and acknowledge our Privacy Policy. If you do not agree, do not access or use the Service.
1. Using CostIt
1.1 Business use. CostIt is designed for restaurant, hospitality, culinary, and related business operations. You may use the Service only in compliance with these Terms and applicable law.
1.2 Authority. If you access or use CostIt on behalf of a restaurant, hotel, hospitality company, management company, or other organization, you represent that you have authority to bind that organization to these Terms.
1.3 Accounts and authorized users. Customers may create organization accounts and permit authorized users to access them. Access may vary by subscription plan, role, permission, location, property, or feature. Organization owners and administrators are responsible for managing user access and permissions. Users must protect their login credentials and may not share credentials in a manner that circumvents applicable user or seat limits.
1.4 Customer responsibility. The customer organization is responsible for activity performed by its authorized users within the scope of their access, including data entry, approvals, exports, configuration changes, and operational decisions.
2. Subscription Plans, Trials, Fees, and Payment
2.1 Subscription plans. CostIt may offer different subscription plans, features, user limits, and enterprise arrangements. The plan, price, billing interval, included features, and any applicable usage or seat limits clearly presented at checkout or in an order form apply to the subscription.
2.2 Trials and promotional access. CostIt may offer free trials, beta access, promotional periods, or other limited access. Before a trial that converts to a paid subscription begins, CostIt will disclose the trial length, the price and billing interval that will apply afterward, and how to cancel. Unless otherwise stated, CostIt may modify or discontinue unpaid trial or promotional access at any time.
2.3 Billing, consent, and renewal. Before obtaining billing information, CostIt will clearly disclose material subscription terms. By affirmatively accepting those terms and submitting a payment method, you authorize CostIt and its payment processor to charge applicable subscription fees and taxes. Paid subscriptions renew automatically for the applicable billing period until canceled, except where different terms are stated at purchase or required by law.
2.4 Cancellation. You may cancel through the online account or subscription settings made available by CostIt. CostIt will provide a cancellation method at least as easy to use as the method used to subscribe and, where applicable, through each method required by law. You may also request assistance at support@costit.food. Cancellation prevents future renewal but does not ordinarily provide a refund for amounts already paid, except where CostIt expressly states otherwise or applicable law requires one.
2.5 Pricing changes. CostIt may change subscription pricing prospectively. We will provide reasonable advance notice of a material pricing change before it applies to a renewal.
2.6 Taxes, failed payments, and collection. The customer is responsible for applicable taxes other than taxes based on CostIt’s net income. CostIt may suspend paid features after a payment fails or becomes overdue. The customer remains responsible for authorized charges incurred before cancellation or termination.
3. License and Acceptable Use
Subject to these Terms and payment of applicable fees, CostIt grants the customer a limited, non-exclusive, non-transferable, non-sublicensable right during the applicable subscription or authorized trial to access and use the Service for its internal business operations.
You may not: (a) sell, sublicense, rent, or commercially redistribute access to the Service without CostIt’s written permission; (b) reverse engineer, decompile, or attempt to derive CostIt source code except where applicable law expressly permits it; (c) bypass access controls, security controls, rate limits, or subscription restrictions; (d) interfere with or disrupt the Service; (e) use the Service unlawfully or to infringe the rights of another person; (f) introduce malicious code; or (g) use CostIt technology or protected materials to build or train a competing service without CostIt’s written permission.
4. Customer Data
4.1 Ownership. As between CostIt and the customer, the customer retains its rights in information and materials submitted to the Service (“Customer Data”). Customer Data may include invoices, vendor information, inventory records, recipes, menus, menu pricing, purchasing information, sales information, schedules, banquet event orders (BEOs), event information, operational documents, notes, and other restaurant or hospitality business information.
4.2 Permission to process Customer Data. The customer grants CostIt a limited, non-exclusive right to host, store, copy, transmit, process, transform, analyze, display, and otherwise use Customer Data as reasonably necessary to provide, secure, maintain, support, and improve the Service, comply with applicable law, and prevent fraud or misuse. CostIt will not use Customer Data to train a general-purpose artificial-intelligence model unless the customer separately provides express consent.
4.3 Customer representations and obligations. The customer represents that it has all rights, notices, permissions, and consents necessary for CostIt and its service providers to process Customer Data as contemplated by these Terms and the Privacy Policy. The customer is solely responsible for the accuracy, completeness, quality, legality, source, classification, and appropriateness of Customer Data and for avoiding the submission of information that is unnecessary, unlawful, or subject to restrictions the customer has not disclosed to CostIt.
4.4 No transfer of ownership. CostIt does not acquire ownership of a customer’s recipes, menus, invoices, vendor records, operational records, or other Customer Data merely because the information is stored or processed through the Service.
5. OCR, AI-Assisted Features, and Automated Outputs
CostIt may use optical character recognition (“OCR”), artificial intelligence, automated matching, formulas, rules, estimates, analytics, or other computational methods to process Customer Data and provide features such as invoice extraction, item matching, categorization, recipe and menu costing, purchasing or price analysis, document interpretation, event-related outputs, operational analytics, and recommendations.
Automated outputs are assistive tools, not guaranteed facts. They can contain errors, omissions, duplications, delays, outdated information, or incorrect interpretations, including when source information is incomplete, illegible, inconsistent, mislabeled, or inaccurate. CostIt does not independently verify Customer Data, vendor documents, prices, quantities, units, yields, taxes, accounting treatment, staffing assumptions, allergens, food-safety information, or legal compliance.
The customer and its authorized users are solely responsible for reviewing and validating material inputs and outputs before approving invoices, placing orders, changing menu prices, making accounting entries, scheduling labor, staffing events, communicating with vendors or guests, relying on food-cost or profitability calculations, or taking any other consequential action. Any business decision or action taken using an output remains the customer’s decision and responsibility, even when the Service labels, highlights, recommends, calculates, predicts, or automates the output.
CostIt is an operational software platform and does not provide legal, tax, accounting, medical, nutritional, allergen, food-safety, employment, investment, or other regulated professional advice. Customers must obtain qualified professional advice where appropriate.
6. Customer Responsibilities
The customer is responsible for: (a) all business and operational decisions; (b) information entered, imported, connected, matched, categorized, calculated, approved, exported, or acted upon; (c) verifying invoices, units, conversions, yields, prices, recipes, menu costs, inventory counts, purchasing recommendations, labor schedules, BEOs, event requirements, reports, and integrations; (d) configuring and monitoring permissions, locations, properties, workflows, approvals, and account access; (e) the conduct of authorized users and use of exported information; (f) protecting credentials, devices, networks, and downloaded files; and (g) complying with applicable laws, contracts, workplace requirements, food-safety and allergen requirements, tax and accounting obligations, record-retention duties, and industry requirements.
The customer must maintain independent copies of information it is legally, contractually, financially, or operationally required to retain. CostIt is not the customer’s system of record unless a separately signed written agreement expressly states otherwise. The customer must promptly notify CostIt of suspected unauthorized access, compromised credentials, erroneous automated activity, or a material discrepancy that could cause harm.
7. Third-Party Services and Integrations
CostIt may use or integrate with third-party providers for services such as cloud infrastructure, databases, authentication, payment processing, communications, analytics, monitoring, OCR, artificial intelligence, and other technology. CostIt may also make integrations available with third-party business systems.
Third-party services may be governed by separate terms and privacy practices. CostIt is not responsible for third-party systems outside its reasonable control, including outages, changes, discontinuation, or acts or omissions of those providers.
8. Security and Availability
CostIt uses reasonable administrative, technical, and organizational safeguards designed to protect the Service and information processed through it. No internet-based service, transmission method, or storage system can be guaranteed completely secure, uninterrupted, or error-free.
CostIt may perform maintenance, deploy updates, respond to security incidents, or temporarily restrict access when reasonably necessary to protect the Service, customers, users, or third parties. CostIt may suspend access for material misuse, security risk, nonpayment, or legal requirements.
9. Intellectual Property
CostIt and its licensors retain all right, title, and interest in and to the Service and CostIt technology, including software, source code, interfaces, designs, workflows, documentation, trademarks, branding, databases, systems, and other technology, excluding Customer Data.
If you voluntarily provide feedback, suggestions, or ideas about CostIt, you grant CostIt permission to use that feedback to develop, improve, and operate the Service without restriction or compensation, provided CostIt does not publicly identify you as the source without permission.
10. Confidentiality
Each party may receive non-public business, financial, operational, security, or technical information from the other that reasonably should be understood to be confidential. Each party will use reasonable care to protect the other party’s confidential information and will use it only for purposes related to the Service. These obligations do not apply to information that is public through no breach, was lawfully known without restriction, is lawfully received from another source, is independently developed, or must be disclosed by law.
11. Beta, Preview, and Early-Access Features
CostIt may make certain features available as beta, preview, early access, evaluation, test, or similar pre-release offerings. These features may contain errors, change materially, be subject to additional limits, or be discontinued. Unless otherwise stated, beta or preview features are provided without a commitment that they will become generally available.
12. Suspension and Termination
CostIt may suspend or terminate access if a customer or user materially breaches these Terms, fails to pay amounts due, uses the Service unlawfully or abusively, creates a security or legal risk, threatens the integrity of the Service, exceeds applicable limits, or if continued access would violate law or third-party obligations.
When a subscription or account terminates, the right to use the Service ends. Where technically available, CostIt may permit an organization owner to export Customer Data for up to thirty (30) days after termination. This is a limited courtesy, not a guaranteed archival service. CostIt may thereafter delete or de-identify Customer Data, subject to backup cycles, security records, legal obligations, fraud prevention, dispute preservation, and legitimate recordkeeping. Customers must export and preserve required records before termination.
13. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CALCULATIONS, EXTRACTIONS, MATCHES, REPORTS, RECOMMENDATIONS, INTEGRATIONS, AND AUTOMATED OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. COSTIT DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
COSTIT DOES NOT WARRANT THAT THE SERVICE OR ANY OUTPUT WILL BE UNINTERRUPTED, SECURE, COMPLETE, CURRENT, ACCURATE, ERROR-FREE, OR SUITABLE FOR A CUSTOMER’S PARTICULAR PURPOSE, OR THAT ERRORS WILL BE CORRECTED. COSTIT DOES NOT WARRANT THAT THE SERVICE WILL SATISFY ANY PARTICULAR ACCOUNTING, OPERATIONAL, CONTRACTUAL, INSURANCE, FOOD-SAFETY, EMPLOYMENT, TAX, OR REGULATORY REQUIREMENT. THE CUSTOMER ASSUMES THE RISK OF USING, APPROVING, EXPORTING, OR ACTING ON CUSTOMER DATA OR SERVICE OUTPUTS.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COSTIT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, SAVINGS, BUSINESS OPPORTUNITY, GOODWILL, OR DATA; BUSINESS INTERRUPTION; COSTS OF SUBSTITUTE SERVICES; OR LOSSES ARISING FROM CUSTOMER DECISIONS, USER ERROR, INCORRECT DATA, UNREVIEWED OUTPUTS, VENDOR OR THIRD-PARTY CONDUCT, ACCOUNT COMPROMISE, OR FAILURE TO MAINTAIN INDEPENDENT RECORDS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COSTIT’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS, OR ANY RELATED CLAIM WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY THE CUSTOMER TO COSTIT FOR THE AFFECTED SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. IF THE CUSTOMER PAID NOTHING, COSTIT’S AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). MULTIPLE CLAIMS DO NOT ENLARGE THIS CAP.
THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE FORM OR THEORY OF LIABILITY AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT LIMIT LIABILITY TO THE EXTENT IT CANNOT LAWFULLY BE LIMITED, INCLUDING LIABILITY FINALLY DETERMINED TO RESULT FROM COSTIT’S FRAUD OR WILLFUL MISCONDUCT.
15. Indemnification
To the fullest extent permitted by law, the customer will defend, indemnify, and hold harmless CostIt and its affiliates, officers, employees, agents, licensors, and service providers from third-party claims, investigations, demands, damages, judgments, settlements, penalties, liabilities, costs, and reasonable attorneys’ fees arising out of or relating to: (a) Customer Data; (b) the customer’s or an authorized user’s use, misuse, approval, export, or reliance on the Service or an output; (c) a business, purchasing, pricing, accounting, staffing, employment, food-safety, allergen, tax, or operational decision; (d) breach of these Terms; (e) violation of law, contract, or a third party’s rights; (f) failure to obtain required rights, notices, permissions, or consents; or (g) the customer’s products, services, locations, personnel, vendors, events, or guests.
CostIt will provide reasonably prompt notice of an indemnified claim. The customer may control the defense with counsel reasonably acceptable to CostIt, but may not settle a claim in a manner that admits fault by, imposes obligations on, or fails to fully release CostIt without CostIt’s written consent. CostIt may participate with counsel of its choosing at its own expense. These obligations do not apply to the extent a final judgment determines that a claim was caused by CostIt’s fraud, willful misconduct, or material breach of these Terms.
16. Governing Law and Disputes
16.1 Governing law. These Terms and disputes arising out of or relating to them or the Service are governed by the Federal Arbitration Act and, where state law applies, the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles.
16.2 Informal resolution. Before filing a claim, the claimant must send a written notice describing the claimant, the facts, the requested relief, and supporting information to support@costit.food. The parties will attempt in good faith to resolve the dispute individually for at least thirty (30) days after receipt. A limitations period is tolled during that period.
16.3 Binding individual arbitration. Except for qualifying individual claims in small-claims court and requests for temporary or preliminary injunctive relief involving intellectual property, unauthorized access, or security misuse, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, marketing, billing, privacy, or the relationship between the parties will be resolved by binding arbitration on an individual basis administered by the American Arbitration Association under its applicable Commercial Arbitration Rules. The arbitration may be conducted remotely unless the arbitrator requires otherwise. The arbitrator may award the same individual remedies a court could award and will issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction.
16.4 Class-action and jury-trial waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER A REPRESENTATIVE OR CLASS PROCEEDING WITHOUT THE WRITTEN CONSENT OF ALL PARTIES.
16.5 Opt out. A new customer may opt out of Sections 16.3 and 16.4 by emailing support@costit.food within thirty (30) days after first accepting these Terms. The notice must identify the customer organization, account email, and a clear request to opt out of arbitration. Opting out does not affect any other provision.
16.6 Court venue and severability. For claims not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state or federal courts serving the Virginia locality of CostIt LLC’s principal office. If the class-action waiver is found unenforceable as to a particular claim or remedy, that claim or remedy will proceed in court after all arbitrable matters are completed; it will not be arbitrated on a class or representative basis.
17. Changes to the Service or These Terms
CostIt may modify the Service as it develops and improves the platform. We may also update these Terms from time to time. If we make a material change to these Terms, we will provide reasonable notice through the Service, by email, or by another appropriate method. The updated Terms will identify their effective date. Where applicable law requires renewed consent, CostIt will request it.
18. General Terms
These Terms, the CostIt Privacy Policy, applicable checkout or subscription terms, and any order form or additional terms expressly incorporated by reference constitute the agreement governing use of the Service. If CostIt and a customer enter into a separately negotiated written enterprise agreement or order form that expressly conflicts with these Terms, the negotiated terms control to the extent of that conflict.
If any provision of these Terms is held unenforceable, the remaining provisions remain in effect to the fullest extent permitted by law. A failure to enforce a provision is not a waiver. Neither party may assign these Terms except as permitted by law; CostIt may assign these Terms in connection with a merger, reorganization, financing, acquisition, or sale of all or substantially all of its business or assets.
Neither party will be liable for delay or failure to perform caused by circumstances beyond its reasonable control, except that this does not excuse payment obligations already due.
19. Contact Us
Questions about these Terms may be sent to support@costit.food.
CostIt LLC
Legal notices: support@costit.food
