Live Edit Platform & Hosting Agreement
Last updated 17 July 2026
This Platform & Hosting Agreement (Agreement) is between CoreShift Limited (NZCN 9343042) of 7 Fairbairn Place, East Tamaki, Auckland 2016, New Zealand (we, us or our) and the person or organisation that creates an Upwind account (you or your).
How you accept this Agreement
You accept this Agreement electronically by ticking the acceptance box when you sign up or sign in. If you are accepting on behalf of a business or organisation, you confirm that you are authorised to bind it. If you do not agree, do not use the Platform. You do not need to sign a paper copy — no other party or account details are collected to form this Agreement.
Key terms
- Platform — Live Edit: build, edit, publish and host a website using our templates, sections, themes and in-context editor (described in Annexure 1).
- Subscription Fee — US$49 per month, or US$499 per year (excl. GST where applicable), as selected at checkout. Prices may be displayed in your local currency at checkout.
- Setup Fee — none, unless separately agreed in writing.
- Free trial — 14 days from when you first publish a Website; billing begins after the trial unless you cancel.
- Billing — in advance, monthly or annually per your selected plan.
- Term — no fixed term or lock-in; your subscription continues until you cancel, and you can cancel at any time (clause 12).
- Authorised Users — you and any team members you invite to your account.
- Support — during Business Hours (9am–5pm NZ time on Business Days), via the channels we make available.
1. The Platform and services
1.1 Access. We grant you and your Authorised Users access to the Platform during the term in accordance with this Agreement. The Platform lets you build, edit and publish a website (your Website) using our templates, sections, themes and in-context Live Edit editor, and we host your published Website as part of your subscription.
1.2 Included. Your Subscription Fee includes access to the Platform for your Authorised Users, ongoing improvements and updates we make to the Platform, hosting of your published Website (clause 9), and support requests during Business Hours.
1.3 Out of scope. The Subscription Fee does not include bespoke development, integration work, training beyond standard onboarding, or a custom-designed website that you own outright (offered separately). It also does not include applying the Live Edit editor to a website you already have hosted elsewhere. Any such work is quoted separately.
1.4 Updates. We may update, modify or enhance the Platform from time to time. We will not, without your consent, make a change that materially reduces the functionality available to you; if we propose such a change we will give reasonable notice, and if you do not accept it you may terminate under clause 12.
1.5 Availability. We use reasonable endeavours to make the Platform available with reasonable continuity, but do not guarantee uninterrupted availability. It may be unavailable due to scheduled or emergency maintenance, or factors outside our reasonable control. We are not liable for unavailability caused by third-party services (including cloud hosting) on which the Platform relies.
1.6 Fair use. Your use must be reasonable commercial use, consistent with how the Platform is designed to be used. If your usage is excessive or materially out of line with normal patterns, we may discuss it with you, propose an upgraded plan, or apply reasonable usage limits with notice.
1.7 Who you contract with. CoreShift is the principal and seller of the Platform, your subscription and any build fee, and is the merchant of record for all payments. Your contract for the Platform is with CoreShift. Where a CoreShift partner built or sold you this Website, that partner took part as an independent contractor and referral agent — the partner is not the seller, does not contract with you for the Platform, and has no authority to bind CoreShift or make commitments on our behalf.
1.8 Partner-built sites. If a CoreShift partner built your Website, a one-off build fee set by that partner may be included in your first payment, which CoreShift collects. The partner may keep access to edit your Website to help you; you may ask us to remove the partner's access at any time. Your subscription, billing, refunds and support are provided by CoreShift under this Agreement, whoever built your site.
2. Account and Authorised Users
2.1 You must register for an account and keep your details accurate and up to date. 2.2 You may invite people from your organisation as Authorised Users; each must have their own login and not share credentials, and you are responsible for their acts and omissions as if your own. 2.3 You must keep credentials secure, promptly notify us of any suspected unauthorised access, and take reasonable security measures within your own systems. 2.4 We may suspend access if we reasonably believe there has been unauthorised access or a material breach of clause 4, and will notify you and work to resolve it.
3. Fees and payment
3.1 You agree to pay the Subscription Fee in advance for each billing period. 3.2 Payments are processed by Stripe; by subscribing you also agree to Stripe’s terms. If a payment fails we may suspend the Website until it is resolved. 3.3 We may change the Subscription Fee on at least 30 days’ written notice, effective from your next billing period; if you do not accept the change you may cancel under clause 12. 3.4 GST. GST is added where applicable and shown on invoices. 3.5 No refunds. Except where required by law or stated in this Agreement or our Refunds policy, fees are non-refundable; see clause 12.3 for pro-rata refunds where you terminate for our material breach.
4. Acceptable use
You must not (and must ensure your Authorised Users do not): use the Platform unlawfully or in a way that infringes any person’s rights; interfere with or interrupt the Platform or others’ use of it; introduce viruses or malicious code; reverse engineer or access the source code; access data or systems you are not authorised to; resell, sublicense or time-share the Platform except as permitted; or publish material that is defamatory, offensive, harassing, or otherwise inappropriate for a business platform. A material breach of this clause entitles us to suspend or terminate access under clause 12.
5. Intellectual property
5.1 Our Platform. As between us, we own all intellectual property rights in the Platform — its code, design, look and feel, structure, templates, sections, themes, layouts, design system, and any customisations, enhancements or derivative works. Nothing in this Agreement transfers ownership of the Platform to you.
5.2 Licence. Subject to payment and compliance, we grant you and your Authorised Users a non-exclusive, non-transferable, non-sublicensable right to access and use the Platform during the term for your business purposes.
5.3 Your Data. As between us, you own Your Data — the content, configurations and materials you or your Authorised Users add to the Platform, including the text, images and brand assets you add to your Website, and any personal information. Your Data does not include the templates, sections, themes, layouts, design system or code used to build and render your Website, which are part of the Platform and owned by us.
5.4 Licence to Your Data. You grant us a non-exclusive, royalty-free, worldwide licence to use Your Data solely to provide and support the Platform, back it up, resolve issues, comply with our legal obligations, and create aggregated or anonymised data (clause 5.5).
5.5 Aggregated data. We may create aggregated and anonymised data from your usage that cannot reasonably identify you or any individual; once anonymised, we own it and may use it to improve the Platform and develop new products. We will not use it in a way detrimental to your business.
5.6 Feedback. If you give us feedback about the Platform, you grant us a perpetual, royalty-free, worldwide licence to use it for any purpose.
5.7 Your Website. Your Website is generated and rendered by the Platform. During the term, and subject to your compliance, we grant you a non-exclusive, non-transferable licence to access, edit, publish and use your Website. Because it is produced and served by the Platform, it is not supplied as a separate, standalone or self-hostable copy, and it will stop being available if this Agreement ends (clause 13). You keep your own content and brand assets (Your Data) and any domain name registered in your name (clause 9.4).
6. Sub-processors
We use third-party providers (sub-processors) to deliver the Platform — the current list is in Annexure 2. Each is bound to process data only to provide services to us and in accordance with applicable privacy laws. We may add, remove or replace sub-processors as the Platform evolves; where a change is material (for example, a new sub-processor that processes personal information, or a new jurisdiction) we will give reasonable notice, and if you do not accept it you may cancel under clause 12. We remain responsible for our sub-processors’ acts and omissions.
7. AI and API usage
7.1 The Platform uses artificial intelligence tools and large-language-model APIs to provide some features (for example, building a first draft of your site from your content). AI outputs may contain inaccuracies or omissions; you should review and verify them before relying on them, particularly for decisions with legal, financial or operational consequences. 7.2 Where AI features are included in your subscription, we procure and pay for that API access. 7.3 You are responsible for the lawfulness of the inputs you provide and the use you make of the outputs. We do not warrant that AI outputs are accurate, complete or fit for any particular purpose.
8. Privacy and personal information
8.1 Each party must comply with the Privacy Act 2020 and other applicable privacy laws. 8.2 You warrant that you are authorised to disclose to us any personal information you place into the Platform, that you have informed the relevant individuals, and that you have handled it in accordance with privacy laws. 8.3 We will implement reasonable measures to protect personal information, use it only to provide the Platform and services, not disclose it except as permitted by law or this Agreement, and comply with our obligations under the Privacy Act 2020. 8.4 If a notifiable privacy breach occurs in respect of personal information we hold for the Platform, we will notify you as soon as practicable and cooperate on notification obligations.
8.5 Personal information collected through your Website. Where your Website collects personal information from its visitors (for example, through a contact or enquiry form), you are the agency responsible for that information. You must ensure appropriate privacy notices and, where required, consents are in place, and comply with the Privacy Act 2020. We handle that information solely to host and operate your Website and provide the services. How we handle information across the Platform is described in our Privacy Policy.
9. Hosting
9.1 From the time your Website is published, we host and operate it as part of your subscription — serving it on infrastructure we reasonably select, providing an SSL certificate, taking backups per our standard procedures, and applying security patches and minor maintenance (Annexure 1). 9.2 We use reasonable endeavours to keep your Website available, but do not guarantee uninterrupted availability, and are not liable for unavailability caused by third-party services (cloud hosting, DNS, payment gateways or AI services). 9.3 You are responsible for the security of your credentials, the lawfulness of your published content, promptly notifying us of security or privacy incidents, and your privacy obligations for information collected through your Website (clause 8.5). 9.4 Domain names. Any domain name is registered in your name and owned by you, and you pay its registration and renewal fees. Where you ask us to register or manage a domain on your behalf, we do so as your agent and will cooperate to transfer or re-point it. If this Agreement ends, you keep your domain name; your Website simply stops being served from it once we cease hosting (clause 13). 9.5 Hosting does not include content writing, new design work, new features, or integrations with new third-party services; any such work is quoted separately.
10. Confidential information
Each party must keep the other’s confidential information confidential and use it only to perform this Agreement, except where disclosure is required by law or made to a professional adviser under equivalent obligations of confidence. This clause survives termination.
11. Liability
11.1 Subject to your Consumer Law Rights and to the maximum extent permitted by law: neither party is liable for consequential loss; a party’s liability is reduced to the extent the other party caused or contributed to it (including any failure to mitigate); and our aggregate liability for all liability under this Agreement is limited to the total Subscription Fees you paid us in the 12 months before the event giving rise to the liability. 11.2 We are not liable for liability caused by your own systems, use of the Platform by anyone other than you or your Authorised Users, third-party services the Platform relies on, or your failure to comply with this Agreement. 11.3 Nothing limits liability for fraud, wilful misconduct, breach of confidence, or anything that cannot be limited at law. 11.4 Consumer law. Nothing in this Agreement excludes rights you have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 that cannot be excluded. If you acquire the Platform for the purposes of a business, to the maximum extent permitted by law the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply. This clause survives termination.
12. Term and termination
12.1 Term. This Agreement starts when you accept it and continues, with your subscription renewing automatically each billing period, until terminated under this clause. There is no fixed term or minimum commitment. 12.2 Cancellation by you. You may cancel at any time from your dashboard billing settings; cancellation takes effect at the end of your current billing period, and your Website is served until then (see our Refunds policy). 12.3 Termination for cause by you. You may terminate immediately if we materially breach this Agreement and do not remedy it within 10 Business Days (or the breach cannot be remedied); if you have paid in advance, we refund the unused portion pro-rata. 12.4 Termination by us. We may terminate or suspend immediately if you fail to pay and do not remedy within 10 Business Days of notice, materially breach this Agreement (including clause 4) and do not remedy within 10 Business Days, materially breach in a way that cannot be remedied, or become insolvent. 12.5 Effect. On termination you must stop using the Platform and pay amounts due; we handle your data under clause 13; and clauses intended to survive continue.
13. Data exit
13.1 When this Agreement ends, your subscription (including hosting) ends, we stop serving your Website, and it is no longer available online. You keep any domain name registered in your name. 13.2 Export. For 30 days after termination (the Export Window) we will give you reasonable access to export Your Data — the text, images and other content you added — in a standard machine-readable format. Because your Website is generated and served by the Platform, we do not provide a standalone, self-hostable copy of the Website itself, its code or its design system. 13.3 Any assisted export in a particular format is quoted separately. 13.4 Deletion. After the Export Window we delete Your Data and your Website from our active systems within a reasonable time; back-up copies are deleted after our standard retention period and remain subject to our confidentiality and privacy obligations meanwhile.
14. General
14.1 We may update this Agreement; where a change is material we will give reasonable notice through the service or by email, and continuing to use the Platform after it takes effect means you accept it. 14.2 You may not assign this Agreement without our consent; we may assign it to a related company or a successor in a sale or restructure, on notice. 14.3 Disputes. Before starting court proceedings, the parties will meet to try to resolve the dispute, and may refer it to mediation via the New Zealand Dispute Resolution Centre; either party may still seek urgent injunctive relief. 14.4 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control (excluding payment obligations). 14.5 Governing law. This Agreement is governed by New Zealand law, and the New Zealand courts have exclusive jurisdiction. 14.6 Publicity. With your prior consent (not unreasonably withheld) we may identify you as a customer and describe the broad nature of your use. 14.7 This Agreement (with the Annexures) is the entire agreement between the parties about the Platform.
15. Contact
Questions about this Agreement? Email hello@tryupwind.com.
Annexure 1 — Platform description
- Platform — Live Edit: choose ready-made templates, page layouts, sections and themes, apply your brand colours and content, and edit everything in place by hovering over a section and clicking. We host the published Website as part of the subscription.
- Hosting and region — Website hosting via Railway (United States); database and files via Supabase (Sydney, Australia); DNS, CDN and SSL via Cloudflare. See Annexure 2 for processing locations.
- Backups — automated database backups via Supabase, on Supabase’s standard retention.
Annexure 2 — Sub-processors
We will give reasonable advance notice of any material change to this list (clause 6).
| Sub-processor | Service | Processing location |
|---|---|---|
| Supabase | Database, authentication, file storage | Sydney, Australia |
| Railway | Application and website hosting | United States |
| Cloudflare | DNS, CDN, TLS/SSL, firewall and abuse protection | Global edge; logs in United States |
| Stripe | Subscription and payment billing (card details never reach us) | United States |
| Anthropic | AI text generation (the “build my site” feature) | United States |
| Postmark | Transactional and lead email delivery | United States |
| Sign-in (where you choose Google sign-in) | United States |
Stock images shown in templates are served from Unsplash’s CDN to a visitor’s browser until you replace them with your own.