Terms of Service

Last updated: 12 May 2026

These Terms of Service ("Terms") govern your access to and use of the Costello platform, website, and related services (collectively, the "Service"), operated by Sutherland Commerce Group LLC, a Wyoming, USA limited liability company trading as "Costello" ("we", "us", or "our"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and capable of forming a binding contract. You represent that you are using the Service in the course of operating a lawful business and that you have the authority to bind the entity on whose behalf you are using the Service.

2. Description of the Service

The Service provides AI-powered messaging automation for service-based businesses, including a configurable AI receptionist that operates inside messaging channels you connect (such as Instagram, Facebook Messenger, and WhatsApp). The Service is offered on free and paid tiers; specific features, message caps, and channel allowances depend on the tier you select.

3. Your account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorised use. We may suspend or terminate your account at any time, with or without notice, for any reason, including (but not limited to) violation of these Terms or applicable law.

4. Fees and billing

Paid tiers are billed in advance on a monthly subscription basis. Fees are quoted in GBP unless stated otherwise and are exclusive of any applicable taxes, which you are responsible for paying. Fees are non-refundable except where required by law. We may change our pricing at any time; price changes take effect at the start of your next billing cycle, and we will give you at least 14 days' notice. Failure to pay any fees when due may result in suspension or termination of your account.

5. Free tier and usage caps

The free tier is provided at our sole discretion and we may modify, restrict, or discontinue it at any time without notice. Both free and paid tiers are subject to monthly message caps. When your account reaches its cap, your AI receptionist may be disconnected until the next billing cycle or until you upgrade. We are not liable for any business impact arising from disconnection at the cap, including lost leads or bookings.

6. Acceptable use

You agree NOT to use the Service to:

• Violate any applicable law or regulation;
• Send unsolicited bulk messages, spam, or material that violates the policies of any connected messaging platform (including Meta's Platform Policies);
• Impersonate any person or misrepresent your affiliation with any entity;
• Send harassing, defamatory, deceptive, obscene, or otherwise objectionable content;
• Collect or store personal information about end users beyond what is necessary to operate the Service;
• Reverse-engineer, decompile, or attempt to derive source code or underlying ideas of the Service;
• Circumvent any rate limits, usage caps, or access controls;
• Resell, sublicense, or provide the Service to third parties without our prior written consent;
• Use the Service to provide medical, legal, financial, or other regulated professional advice;
• Use the Service in any way that could damage, disable, overburden, or impair the Service.

We reserve the right to investigate suspected violations and to suspend or terminate accounts found to be in violation, without refund.

7. Ownership and licences

Your Content. You retain all rights in the business information, knowledge base content, documents, and other materials you provide ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free licence to use Your Content solely to provide and operate the Service.

Conversation Data. End-user messages and AI-generated replies are processed by the Service. We may store and analyse this data to provide the Service, ensure abuse prevention, and improve our systems through de-identified aggregation.

Our Platform. The Service, including all underlying software, models, designs, trademarks, and other intellectual property, is and remains our exclusive property (and that of our licensors). No rights are granted to you except as expressly set out in these Terms.

AI Outputs. AI-generated responses are produced on a best-effort basis using third-party models. We make no claim of ownership over AI Outputs and assign to you whatever rights we may have in AI Outputs generated specifically for your account, subject to your responsibility for how those Outputs are used.

8. AI receptionist — no warranties on output

The Service uses generative AI models supplied by third parties (such as Anthropic, OpenAI, and Google). AI outputs may be inaccurate, incomplete, inappropriate, or otherwise unsuitable. You are solely responsible for reviewing AI outputs before relying on them in your business and for ensuring outputs comply with applicable law and regulation (including consumer protection, advertising standards, and any sector-specific rules governing your business). The AI receptionist is not a substitute for professional advice and must not be used to provide medical diagnosis, treatment, legal advice, or any other regulated professional service.

9. Third-party services

The Service depends on third-party platforms (notably Meta Platforms for Instagram, Messenger, and WhatsApp). We have no control over those platforms, their policies, their pricing, or their availability. Disruption, policy changes, or termination of those platforms may affect or prevent your use of the Service, and we accept no liability for any such impact.

10. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Service will be uninterrupted, error-free, secure, or that defects will be corrected. No advice or information, whether oral or written, obtained from us creates any warranty not expressly stated in these Terms.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) FIFTY US DOLLARS (USD 50.00).

These limitations apply regardless of the legal theory of liability and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you; in those cases our liability is limited to the smallest amount permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Costello, Sutherland Commerce Group LLC, and our affiliates, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; (d) your violation of any third-party right, including intellectual-property, privacy, or publicity rights; or (e) any claim that AI outputs generated for your account caused harm to any third party.

13. Termination

You may terminate your account at any time from the dashboard or by emailing us. We may suspend or terminate your account at any time, with or without cause, with or without notice. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including ownership, disclaimers, limitations of liability, indemnification, and governing law) will survive.

14. Governing law and dispute resolution

These Terms are governed by the laws of the State of Wyoming, USA, without regard to its conflict of laws principles.

Mandatory arbitration; no class actions. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in English. The seat of arbitration is Cheyenne, Wyoming. You and we each waive any right to a jury trial and any right to participate in a class action, class arbitration, or representative action. The arbitrator's decision is final and binding.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

15. Changes to these Terms

We may modify these Terms at any time. When we do, we will revise the "Last updated" date at the top of this page and, for material changes, notify you by email or in-product notice at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

16. Miscellaneous

• Entire agreement. These Terms (together with our Privacy Policy) constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms freely.
• Force majeure. We are not liable for delays or failures due to causes beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, internet outages, or third-party platform failures.
• Notices. We may give you notice by email to the address on your account. You must give us notice in writing to support@costellohq.com.

17. Contact

Questions about these Terms: support@costellohq.com.

These Terms have been drafted as a starting point and do not constitute legal advice. We recommend independent legal review before public launch.