Terms of service

Last updated 8 October 2026.

These terms are the agreement between you and Whisk ("we", "us") for the use of the Whisk platform at whisk.run and the app hosting at whisk.page (the "Service"). By creating an organisation, confirming one, or using the Service, you agree to them. If you are acting for a business, you confirm you may bind it, and "you" means that business.

If you do not agree, do not use the Service.

1. What the Service is

Whisk hosts business apps written with coding agents. You (or your agent) push an app; we run it in a container, give it sign-in, a Postgres database, a queue and workflows, secrets, webhooks, storage, email and backups, and serve it at <app>--<org>.whisk.page or on a domain you own. The conventions your app follows are published at skill.whisk.run and in the docs at whisk.run/docs.

2. The documents that make up this agreement

This agreement is these terms together with:

• the Acceptable use policy, which says what you and your apps may not do;
• the Data processing agreement, which governs personal data we process for you;
• the Privacy policy, which covers personal data about you;
• the Takedown process and the Security disclosure policy;
• the plan you are on, as described at whisk.run/#pricing and on your billing page;
• any order form or written agreement we sign with you.

If they conflict, a signed order form wins, then these terms, then the other documents in the order listed. Nothing you send us changes this agreement unless we sign it, whether it is a purchase order, your own standard terms, or a click-through on your procurement portal.

3. Accounts and organisations

1. An organisation is the account. One organisation per business. People belong to an organisation as members or are invited as guests. The person who confirms the organisation is its first owner.
2. Agents act for people. A coding agent gets a token by a device code that a signed-in person approves. Everything an agent does is recorded as the agent acting for that person, and that person is responsible for it. Choosing which agent to trust is your decision, not ours. What it deploys, deletes or spends counts as your act, and a token is a credential to be guarded like a password. Where an agent or an integration is behaving in a way that endangers the platform or another tenant, we may revoke its access without revoking yours, and we tell you why.
3. Pending organisations. An agent may create an organisation and deploy previews before a human confirms it. An organisation not confirmed within 48 hours expires, and its apps and data are removed.
4. Accuracy. You give a real business name and a work email address. Disposable email domains are refused. Keep your details current.
5. Security of your account. You keep your passkeys, tokens and sessions safe, use the multi-factor authentication the Service requires for owners and admins, and tell us at once at support@whisk.run if you believe an account or token is compromised. You can revoke sessions and tokens yourself in the dashboard. What happens under your credentials is your responsibility until you tell us they are compromised.
6. Age. You must be at least 18, or the age of majority where you live, to open an organisation.
7. Who may not use the Service. You may not use the Service if you are barred from it under the law that applies to either of us, if we have terminated your organisation before, or if section 4 (sanctions and export) says so.

4. Sanctions, export control and anti-corruption

1. You confirm that you are not located in, ordinarily resident in, or controlled from a country or territory under comprehensive trade sanctions, and that you are not on a restricted-party list maintained by the United Nations, the European Union, the United Kingdom, New Zealand or the United States. We may rely on the screening our payment provider performs when it checks you.
2. You will not use the Service, or let anyone else use it through you, in breach of export control law, including to build or support weapons of mass destruction.
3. Neither of us will offer or accept a bribe, a kickback or an improper payment in connection with this agreement.
4. If we learn that using the Service for you would breach any of this, we may suspend or terminate immediately and without refund.

5. Plans, fees and payment

1. Plans. The plans and what each includes are shown at whisk.run/#pricing and in your organisation's billing page. Prices are in US dollars and exclude taxes unless stated. We bill in US dollars only.
2. Billing. Paid plans are billed monthly or annually in advance through Stripe. There are no per-member fees on paid plans. Usage past a plan's included allowances is charged as set out in clause 5 and at Usage allowances, monthly in arrears. Annual plans are two months cheaper than twelve monthly payments. Payment is by card, except that for client businesses under clause 11 we may agree, at our discretion, to invoice instead, due 14 days from the invoice date.
3. Renewal. A plan renews automatically for the same period until you cancel it, which you may do at any time from the billing page, effective at the end of the period you have paid for.
4. Changes. You may change plans at any time, and the change takes effect at once. It is prorated: moving to a dearer plan adds the difference for the rest of the period to your next invoice, and moving to a cheaper one credits the difference against it; changing between monthly and annual billing starts a new period, charged at once. A move to a plan the organisation does not fit is refused until it fits: more apps, members or storage than the plan includes, or a feature switched on that the plan does not include, such as single sign-on, which you switch off first. Features the new plan does not include stop when the plan changes, however it changes: custom domains stop answering and always-on apps sleep when idle, and both come back if you move to a plan that includes them. A storage bucket of your own that you already use stays in use. If a subscription, trial or free period ends and the organisation has more live apps than its new plan includes, every app and its data is kept, and no further app can be published until it fits. Fee changes take effect at the next renewal after we have given you at least 30 days' notice.
5. Usage allowances and extra usage. Live apps determine your plan. Websites count as apps; previews and unpublished apps do not. Paused published apps continue to count. First production deploys reserve an app slot while running. Members on paid plans and customer users have no per-user charge. Each plan's allowances are published at Usage allowances and shown in the dashboard. On the Starter, Team and Business plans, storage past the allowance is charged at US$0.50 for each started gigabyte (at the month's peak), email past the day's allowance at US$2 for each started 500 emails, and, on Team and Business, CDN traffic past the month's allowance at US$0.20 for each started gigabyte. Extra usage is measured against the plan in force when it happened and charged on the next invoice after the month ends; on an annual plan it is invoiced and charged when the month ends. No extra usage is charged during a trial, while a plan is given free of charge, or for a client business an agency pays for: there, as on the Free plan and for workflow runs on every plan, the allowance is a limit, so requests past it may be refused, workflow events held, or the CDN turned off until the month turns. Contact us to agree additional capacity before relying on it. Enterprise capacity and service commitments require a written agreement.
6. Late payment. An overdue invoice may carry interest at 1.5% a month, or the maximum the law allows if that is lower, and the reasonable cost of collecting it. An organisation more than 7 days overdue is suspended, on the timeline in section 6.
7. Taxes. Prices exclude sales tax, GST, VAT and similar taxes. You are responsible for any tax that applies to your use of the Service except tax on our income. Where we must collect a tax we add it to the invoice. If you are exempt, send us the paperwork before you are billed. Where you must withhold a tax, you gross the payment up so we receive the amount invoiced.
8. Refunds. Fees are not refundable, except where these terms expressly promise a refund or the law requires one. We do not refund unused time on a period you cancel, and we do not refund on any other basis.
9. Free plan. A business may run one app on the Free plan, free of charge, for as long as it keeps using it. Each person gets this free app once, for the first business they set up, and each work email domain gets it once, for the first business confirmed with it; a further business can be created and can deploy previews, but publishes an app only on a paid plan or during its trial. It carries no availability, safety or security promise and no promise to keep your data. A Free organisation nobody uses for 60 days is warned by email; at 90 days its apps are paused and its data kept; 30 days after the pause, if still nobody has used it, it starts shredding on the timeline in section 6. Use means a member signing in, a member's agent calling the Service or pushing code, or a request reaching one of its apps, and signing in wakes a paused organisation. We may change or withdraw the Free plan at any time, with 30 days' notice where an organisation is using it.
10. Trial. Each business may try the Starter plan free for 30 days, once, and so may each person: someone who has had a trial on one business has none for another. We take a card through Stripe when the trial starts and charge nothing during it. When the trial ends we charge the card for Starter at the price shown when the trial started, and the plan renews under clause 3, unless you end the trial first from the billing page, in which case nothing is charged and the organisation returns to the Free plan. If that first charge fails, the trial ends, the organisation returns to the Free plan and nothing is owed for it. Changing to another paid plan during a trial ends the trial and is charged at once.
11. Client businesses and the agency rebate. A business on a paid plan that builds apps for clients (an agency) adds client businesses from its billing page. Each client business is an organisation of its own on the Team plan, billed to the agency's card at the client price shown (US$149 a month or US$1,490 a year), in advance, from the day it is added; the agency is responsible for those fees, and receives the client business's billing notices while it pays them. A client business the agency pays for is held to the Team plan's allowances and is not charged for extra usage. Each agency's first client business is free for its first 30 days, once, and this counts as the person's one trial under clause 10: we take a card when the client business is added, charge nothing during the 30 days, and then charge the card unless you stop paying for the client business first. You may stop paying for a client business at any time from the billing page. Its billing stops at once, nothing is refunded for the current period, and it continues as an organisation of its own on the Free plan without a free app of its own, under clause 4. A payment that fails for a client business follows section 6 for that client business. Once a client business the agency built has been handed over to the client and pays for itself on its own card, the agency earns a rebate of 20% of each payment it makes. Rebates are settled monthly: first as credit against the agency's own invoices, and any remainder paid to the agency's bank account where Stripe can pay out to it. A rebate is paid out in cash only once the payment that earned it is at least 60 days old; until then it can only be used as credit. If a payment is refunded or disputed, the rebate on it is cancelled, or, if already settled, deducted from the next settlement. While the agency's own plan is given free of charge, its rebates are kept as credit and not paid out. A rebate is not earned on a client business that is the agency's own, or that was handed over to an address at the agency's own or a personal email domain.

6. Non-payment

When a payment fails we tell the owners and billing contacts the date the apps will stop. The timeline is the same for everyone and is applied automatically:

Shredding is irreversible. A shredded organisation cannot be recovered by us or by anyone else, because the key that could read its data no longer exists.

7. Your content and your data

1. Yours. You own the code, data and content you put on the Service ("Your Content"). You give us the licence we need to host, run, back up, copy and display it for the purpose of providing the Service to you, and no more. The licence ends when Your Content is deleted, except for copies in backups until they roll out of retention.
2. Responsibility. You are responsible for Your Content and for what your apps do, including how they treat the people who use them. You warrant that you have the rights you need and that Your Content and your apps comply with the law and the Acceptable use policy.
3. We do not monitor. We do not read Your Content or review your apps in advance. The automatic signals in the Acceptable use policy measure behaviour, not content. Nothing in this agreement obliges us to monitor, and nothing stops us acting when we learn of a problem.
4. Personal data. Where Your Content includes personal data about other people, you are the controller and we process it for you under the Data processing agreement, which is part of these terms.
5. Export. You can export everything at any time, on every plan and in every status, including frozen and shredding. The archive holds every repository, every database, the manifests, the names of secrets (never their values) and the audit log, and its link lives seven days.
6. Deletion. An owner may delete the organisation. It enters shredding at once and is shredded 30 days later; on request at support@whisk.run we shred it sooner. Backups that held its secrets are unreadable from the moment the key is destroyed; backups of its databases and files are removed as our retention runs out, within 30 days of shredding.
7. Usage data. We keep operational measurements of how the Service runs (request counts, build times, resource use, error rates) and use them to run, secure and improve the Service and to report on it in aggregate. Such reporting never identifies you or contains Your Content.
8. We do not train on your data. We do not use Your Content, your code, your databases or your logs to train or fine-tune a machine learning model, ours or anyone else's, and we do not let a subprocessor do so. This holds on every plan, including Free, and we will not change it without your written consent.

8. Our commitments

1. Availability. We run the Service on a single node with a warm standby, and failover in minutes. We publish status at whisk.run/status and our recovery targets on the trust page. Where a plan carries a service level, section 9 applies; where it does not, we promise no particular uptime.
2. Backups. Databases are archived continuously; point-in-time recovery covers the last 30 days. A restore drill runs weekly and its report is on your trust page.
3. Security. We isolate every app in its own sandboxed container and network, encrypt secrets with a key per organisation, scan images for known vulnerabilities, and publish a Security disclosure policy.
4. Support. As the plan states: community for Free, email within two business days for Team, priority same-day for Business and Agency. Our staff access your organisation's data only at your request, and that access is logged.
5. Changes to the Service. We improve the Service continually. Conventions are versioned and every published version is served forever, so an app written to an older version keeps working. We give at least 30 days' notice before removing a feature a paid plan relies on, and we do not make a change that materially reduces the Service during a period you have paid for without offering you a pro-rata refund of the rest of that period.
6. Maintenance. Planned maintenance that takes apps offline is announced on the status page at least 24 hours ahead. Emergency maintenance, a fix that cannot wait, is announced as we make it and carries no notice period. Neither counts against the target in section 9.

9. Service level and credits

1. This section applies to the Business and Agency plans only.
2. The promise. In any calendar month we aim for 99.5% availability of your apps' request handling, measured by the external monitoring on the status page and excluding the exclusions below.
3. Credits. If we miss it, and you claim within 30 days of the end of that month, we credit your next invoice. A claim made later than that is forfeited.

Credits in any month are capped at that month's fees.

1. Exclusions. Some time does not count against the target. Time lost to your own app's code or configuration does not count. Nor does time lost to a freeze or suspension under this agreement, to the Free plan, to a beta feature, to planned or emergency maintenance under section 8.6, to your use beyond the plan's limits, or to force majeure.
2. Only remedy. Credits are the only thing we owe you for missing the target. They are not cash and are not refunded.

10. Beta features

We mark some features beta, preview or experimental. They are optional, may change or disappear, carry no service level and no support commitment, and are excluded from section 9 and from the warranty in section 14. Use them on data you can afford to lose, or not at all. We may charge for a feature when it leaves beta, with 30 days' notice.

11. Third-party services

Your app may connect to services we do not run, such as a payment provider, a mail provider, a model provider, or a connected account you authorise. Those services are between you and their provider, on their terms. We pass the traffic and hold the credentials you give us, and we are not responsible for what those services do, charge or stop doing. The same goes for a domain you point at Whisk and the registrar you bought it from.

12. Acceptable use, suspension and enforcement

1. You must follow the Acceptable use policy.
2. The Service measures a small set of abuse signals automatically (email sent too fast, workflow runs beyond the guards, sustained CPU, unusual outbound traffic, disposable sign-ups) and may throttle or pause the affected function without notice. These controls are reversible: fix the cause and the limit lifts.
3. Suspension. We may freeze an organisation, or an app within it, where we reasonably believe it breaches the Acceptable use policy, endangers other tenants or people outside the platform, exposes us to legal liability, or where payment is overdue under section 6. We suspend no wider and no longer than the problem needs. Where we can tell you first we do; otherwise we tell you as soon as we act, and we say what must change.
4. Escalation. For a serious or repeated breach we may terminate the organisation under section 15 after notice. A freeze by us for a breach does not itself start the deletion timeline.
5. Appeal. Reply to the notice at support@whisk.run. A person, not an automated system, reviews the decision and answers within 5 business days. If we got it wrong we lift the measure and credit any time the freeze cost you on a paid plan.
6. Complaints about content are handled under the Takedown process, which also carries our repeat-infringer rule and the counter-notice procedure.

13. Intellectual property, feedback and publicity

1. The platform, its dashboard and its control plane are ours, and stay ours. The conventions, the manifest schema, the CLI and the three starter templates are published under the MIT licence and you may use them under that licence. Nothing in these terms gives you any other right in our software or marks, and outside that licence you may not copy the Service, reverse engineer it, resell or sublicense access to it, or strip our notices from it.
2. Feedback. If you tell us how to make the Service better, we may use that freely, without owing you anything and without restriction. You keep every right you already had in anything you built.
3. Publicity. We may name you as a customer and show your logo to say that you are one. Tell us by email at support@whisk.run and we stop, at any time and without giving a reason. Anything beyond your name and logo, such as a quote or a case study, needs your written consent. You may say publicly that you run on Whisk.
4. Not for high-risk uses. The Service is not designed or sold for uses where failure could cause death, personal injury or severe environmental damage, such as aircraft control, life support, emergency dispatch or nuclear facilities. Do not use it for those.

14. Warranties and liability

1. Each of us warrants that we have the authority to enter this agreement.
2. We warrant that we will provide the Service with reasonable skill and care and as these terms and the documents they link describe. Beyond that, the Service is provided "as is" and we exclude every other warranty the law allows us to exclude, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, and any promise that the Service will be uninterrupted, error-free or free of harmful components.
3. Neither party is liable to the other for indirect or consequential loss, loss of profit, loss of revenue, loss of goodwill or loss of data, except where it results from that party's fraud, wilful misconduct or gross negligence, or where the law does not allow the exclusion.
4. Our total liability to you is limited to the fees you paid us in the three months before the event that caused the liability. On the Free plan it is limited to fifty US dollars. That is one cap for everything arising under this agreement, including a breach of confidentiality and anything under the data processing agreement; no claim carries a higher one.
5. Business use. The Service is supplied for business use only, and you confirm when you create an organisation that you acquire it for the purposes of a business. The Consumer Guarantees Act 1993 does not apply, to the extent the law allows it to be excluded, and it is fair and reasonable that it does not. Nothing in this agreement excludes or limits liability that cannot lawfully be excluded or limited: the caps and exclusions in this section do not apply to your obligation to pay fees, to either party's indemnity under section 15, or to liability the law does not let us limit.
6. Each party must take reasonable steps to limit its own loss.

15. Indemnities

1. You cover us against third-party claims arising from Your Content, from your apps, from the way your apps treat the people who use them, or from your breach of this agreement, including the reasonable legal costs of defending such a claim.
2. We cover you against a third-party claim that the Service as we supply it infringes that third party's intellectual property, including the reasonable legal costs of defending it. We do not cover a claim that arises from Your Content, from your combining the Service with something else, or from your use of the Service in breach of this agreement. If the Service is held to infringe, we may at our own cost change it, obtain the right to keep supplying it, or end the affected part of the agreement and refund fees paid for the period after it ends.
3. The party seeking cover must tell the other promptly, let it control the defence, and help at the other's cost. Neither party settles a claim in a way that admits fault for the other without its consent.

16. Term, termination and what survives

1. This agreement applies while you have an organisation on the Service.
2. You may end it at any time by deleting your organisation. Fees already paid are not refunded unless the law or section 8.5 requires it.
3. We may end it with 30 days' notice if we stop offering the Service. If we do, we refund the unused part of any period you have paid for. We may also end it at once if you materially breach it and, where the breach can be remedied, do not remedy it within 14 days of our notice, or at once under section 4.
4. Either of us may end it at once if the other becomes insolvent, enters liquidation or administration, or makes an arrangement with its creditors.
5. On termination your right to use the Service stops, fees accrued become due, and the organisation follows the deletion timeline in section 7.6. Export works throughout, except for content the law forbids us to hand back.
6. Sections that by their nature should outlast this agreement do: 4, 5 (for fees accrued), 7.1, 7.4, 7.6, 13, 14, 15, 16.6, 17 and 18.

17. Disputes

1. Talk to us first. Before starting any proceeding, tell us what the dispute is at support@whisk.run and give us 30 days to resolve it. We will do the same. Most things end here.
2. Governing law. This agreement is governed by the law of New Zealand, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The only exception is the standard contractual clauses in the Data processing agreement, which have their own governing law.
3. Where disputes are heard. The courts of New Zealand have exclusive jurisdiction, except that either party may apply to any court for an injunction to protect its intellectual property or confidential information.
4. No class actions. Each of us brings claims only in its own name and not as a representative of a class, to the extent that is enforceable where you are.
5. Time limit. A claim under this agreement must be brought within 1 year of the party becoming aware of it, unless the law says otherwise.

18. General

1. Confidentiality. We treat Your Content and your organisation's configuration as confidential and disclose them only to our subprocessors as needed to run the Service, to you, to people you have authorised, and where the law requires, in which case, where we may, we tell you first. You treat non-public information about the Service that we mark confidential in the same way. These obligations last 5 years after the agreement ends, and indefinitely for anything that is a trade secret.
2. Notices to you go to the owners' email addresses and appear in the dashboard; notices to us go to support@whisk.run or Auckland, New Zealand. An emailed notice counts as given on the next business day.
3. Changes to these terms. We may change these terms. For a change that reduces your rights we give 30 days' notice by email and on the dashboard, and if you do not accept it you may end the agreement before it takes effect and receive a refund of the unused part of any period you have paid for. Continuing to use the Service after the change takes effect is acceptance. Other changes take effect when published. Each version shows its date, and we keep the previous versions available.
4. Force majeure. Neither party is liable for a failure caused by something beyond its reasonable control (war, civil unrest, natural disaster, epidemic, a failure of the public internet, a government act) for as long as it lasts. This does not excuse paying fees already due. If it lasts 60 days without a break, you may end the agreement; we may end it at any time while it lasts.
5. Assignment. You may not assign this agreement without our consent, which we will not unreasonably refuse. We may assign it to a successor of the Service that takes on these obligations, and we tell you when we do.
6. Subcontracting. We may use subprocessors and subcontractors, listed in the Data processing agreement, and we remain responsible to you for what they do.
7. No waiver. Not enforcing a right once does not give it up.
8. Severability. If any part is unenforceable, it is read down as far as needed and the rest stands.
9. No partnership, no third-party rights. We are independent contractors. Nobody outside this agreement may enforce it, and subpart 1 of Part 2 of the Contract and Commercial Law Act 2017 does not apply to it.
10. Entire agreement. These terms, the documents listed in section 2 and your plan are the whole agreement, and replace anything said before. Neither of us relies on a statement that is not written here, except for fraud.
11. Language and headings. This agreement is in English, and a translation is a convenience only. Headings do not affect meaning.
12. United States government users. The Service is commercial computer software under 48 C.F.R. 2.101. A government user gets only the rights this agreement gives everyone else.

Contact: Whisk, Auckland, New Zealand, support@whisk.run.