Term's & Conditions
Terms & Conditions
AppFactory
Legal Company Name: KCD International LTD
Website: appfactory.co.nz
Email: [email protected]
Effective Date: 26 July 2026
Last Updated: 26 July 2026
Please read these Terms & Conditions carefully before using the AppFactory website, creating an account, purchasing a subscription, using our software platform or engaging any AppFactory services.
These Terms & Conditions govern your access to and use of AppFactory's websites, SaaS software, CRM functionality, automation tools, artificial intelligence features, communications services and related products and services.
By creating an account, purchasing or subscribing to an AppFactory service, accepting an order form, proposal or service agreement, or otherwise agreeing to these Terms, you agree to be bound by them.
If you are accepting these Terms on behalf of a company or other organisation, you confirm that you have authority to bind that organisation.
1. About AppFactory
AppFactory is a New Zealand-based software and technology business operated by KCD International LTD, providing SaaS software, customer relationship management, communication, marketing, automation and artificial intelligence solutions.
AppFactory services may include:
Customer relationship management
Lead management
Sales pipeline management
Website and landing page functionality
Online forms
Lead capture
Online booking
Calendars
Email communications
SMS communications
Telephone and messaging functionality
Workflow automation
Marketing automation
Customer follow-up
Customer database management
Review and reputation management
Artificial intelligence
AI-assisted communications
AI-powered customer service
AI voice functionality
Reporting and analytics
Software integrations
Business process automation
Other related software and professional services
The exact services provided to each customer may depend on their selected package, subscription, proposal, order form or separate service agreement.
2. Eligibility and Business Use
You must be at least 18 years old and legally capable of entering into a binding agreement to purchase or administer an AppFactory account.
AppFactory is primarily intended for businesses, organisations and professional users.
You agree to provide accurate and complete information when creating an account or purchasing our services.
You are responsible for ensuring that anyone who uses AppFactory through your account is authorised to do so and complies with these Terms.
3. Your AppFactory Account
Some AppFactory services require an account.
You are responsible for:
Maintaining the confidentiality of your login information
Using strong and appropriate passwords
Restricting unauthorised access to your account
Ensuring your account information remains accurate
Controlling access provided to employees, contractors and other users
Removing access when a user is no longer authorised
Informing AppFactory of suspected unauthorised access
Actions taken through your account may be treated as actions authorised by you unless you have notified AppFactory of unauthorised access.
You must not share administrator login credentials with unauthorised persons.
4. AppFactory Services
AppFactory provides access to software and related services on a subscription, licence, project or service basis.
Specific services, features, limits, deliverables and pricing may be described in:
Our website
A pricing page
A subscription plan
An order form
A proposal
A statement of work
A service agreement
An invoice
Another written agreement between you and AppFactory
Where a separate signed agreement conflicts with these general Terms, the separate agreement will take precedence for the subject matter covered by that agreement.
5. SaaS Licence
Subject to payment of applicable fees and compliance with these Terms, AppFactory grants you a limited, non-exclusive, non-transferable and revocable right to access and use the AppFactory platform during your active subscription.
This licence is provided solely for your legitimate internal business purposes.
You do not acquire ownership of AppFactory software, systems, designs, intellectual property or underlying technology.
You must not:
Copy or reproduce AppFactory software
Sell or sublicense access without permission
Reverse engineer the platform
Attempt to obtain source code
Circumvent access controls
Bypass usage restrictions
Remove copyright or proprietary notices
Use AppFactory to develop a substantially competing software product through unauthorised copying
Attempt to interfere with platform security
Reseller, white-label or sublicensing arrangements are only permitted where expressly agreed by AppFactory in writing.
6. Subscription Plans and Pricing
AppFactory may offer monthly, annual or other subscription plans.
The price, features and billing frequency of your subscription will be displayed when you purchase the service or described in your proposal or order form.
Unless otherwise expressly stated:
Subscription fees are charged in advance
Setup or implementation fees may be charged separately
Usage-based charges may apply to certain services
Telecommunications charges may be additional
AI usage may be subject to limits or additional charges
Email or SMS usage may be subject to limits or additional charges
Third-party integration costs may be additional
Prices may exclude applicable taxes
New Zealand customers may be charged GST where required.
Customers outside New Zealand are responsible for any taxes, duties or government charges applicable in their jurisdiction unless AppFactory is legally required to collect them.
7. Recurring Billing
Where you purchase a recurring subscription, you authorise AppFactory and its payment provider to charge your selected payment method at the agreed billing interval.
Your subscription will continue until cancelled in accordance with the applicable subscription terms.
Recurring charges may include:
Subscription fees
Approved add-ons
Usage charges
Telecommunications charges
Additional users
AI usage
SMS usage
Other services you have authorised
You are responsible for maintaining a valid payment method.
8. Payment Processing
AppFactory uses Stripe to process payments, subscriptions and recurring billing.
When you provide payment information, relevant payment information may be provided directly to Stripe.
AppFactory does not generally store full credit or debit card numbers when payments are processed by Stripe.
By purchasing an AppFactory service, you authorise AppFactory and Stripe to process payments associated with your account.
Payment processing may be subject to Stripe's own terms, policies and security requirements.
9. Failed Payments
If a payment fails, AppFactory may:
Retry the payment
Contact you regarding payment
Restrict certain services
Suspend your account
Disable paid functionality
Require outstanding amounts to be paid before restoring services
You remain responsible for amounts legitimately incurred before suspension or cancellation.
Where practical, AppFactory will provide reasonable notice before suspending an account solely because of a failed payment.
10. Cancellation
Cancellation terms may depend on the subscription or service you purchased.
Unless a different cancellation period or minimum term is stated in your proposal, order form or service agreement, you may request cancellation in accordance with the cancellation process provided through AppFactory or by contacting us.
Cancellation stops future renewal of the applicable subscription.
Cancellation does not automatically entitle you to a refund for:
Services already supplied
Work already performed
Setup work
Implementation work
Usage charges already incurred
Telecommunications usage
Third-party costs already committed
The remainder of a committed minimum term
Nothing in this section limits rights you may have under applicable law that cannot legally be excluded.
11. Refunds
Except where required by applicable law or expressly provided in a service agreement, fees already paid are generally non-refundable once the relevant subscription period or work has commenced.
AppFactory may provide a refund or account credit at its discretion where appropriate.
Nothing in these Terms limits any refund, remedy or other right that cannot lawfully be excluded.
12. Price Changes
AppFactory may change its pricing from time to time.
Price changes will not normally affect a prepaid subscription period already purchased.
Where pricing for an ongoing subscription changes, AppFactory will provide reasonable notice before the revised pricing applies to a future billing period.
You may cancel the affected subscription before the new price applies, subject to any agreed minimum contract term.
13. SMS and Text Messaging
AppFactory may provide SMS functionality as part of its services.
AppFactory uses SMSGateway to support SMS transmission and delivery.
SMS services may be used for communications including:
Service and Transactional Messages
Appointment confirmations
Appointment reminders
Enquiry responses
Customer support
Account notifications
Service notifications
Transaction updates
Technical notifications
Marketing Messages
Where legally permitted and appropriate consent or another lawful basis exists, SMS may also be used for:
Promotional offers
Follow-up campaigns
Customer reactivation
Product announcements
Marketing campaigns
Review requests
Business promotions
14. SMS Consent
AppFactory customers are responsible for ensuring that they have the legal right to communicate with contacts using SMS.
Where express consent is required:
Consent must be appropriately obtained
Consent should clearly identify what the individual is agreeing to
Marketing consent must not be obtained through deceptive means
Consent records should be maintained where appropriate
Pre-selected marketing consent boxes should not be used where affirmative consent is required
A person must be provided with a reasonable method of withdrawing consent
AppFactory customers must not use AppFactory to send unlawful spam or unsolicited electronic marketing.
15. SMS Opt-Out
Recipients may withdraw from marketing SMS communications.
Where supported, recipients may reply:
STOP
to unsubscribe.
Where supported, recipients may reply:
HELP
for assistance.
A recipient who unsubscribes must not be added back to marketing communications without a new lawful basis or renewed consent where required.
AppFactory and businesses using AppFactory are responsible for complying with applicable unsubscribe requirements.
16. SMS Message Frequency and Charges
SMS message frequency varies depending on:
The service being used
Appointment activity
Customer activity
Marketing campaigns
Workflow configuration
Communication preferences
Standard SMS, telecommunications, carrier or data charges may apply.
AppFactory is not responsible for charges imposed by a recipient's telecommunications provider.
Message delivery is not guaranteed.
Telecommunications providers, mobile networks, internet providers and messaging infrastructure may delay, block or fail to deliver communications.
17. International Electronic Messaging
Electronic marketing laws vary by country.
Customers using AppFactory to send SMS, email or other electronic communications are responsible for ensuring that their communications comply with the laws applying to:
Their business
Their recipients
Their campaigns
The countries in which they operate
This includes requirements relating to:
Consent
Sender identification
Unsubscribe mechanisms
Marketing disclosures
Contact lists
Privacy
Consumer protection
18. Email Communications
AppFactory may provide email communication and email automation functionality.
Customers must not use AppFactory to:
Send unlawful spam
Use unlawfully obtained email lists
Conceal the identity of a sender where identification is legally required
Send deceptive communications
Ignore valid unsubscribe requests
Use address-harvesting software unlawfully
Use unlawfully obtained harvested address lists
Marketing emails should contain an appropriate unsubscribe facility where required by applicable law.
For email marketing communications, use the Unsubscribe link contained in the relevant email.
19. Artificial Intelligence
AppFactory may provide artificial intelligence and automated functionality.
AI functionality may include:
AI chat
AI-assisted telephone conversations
Lead qualification
Appointment scheduling
Automated follow-up
Conversation summaries
Suggested responses
Content creation
Workflow automation
Customer service assistance
Lead categorisation
Data analysis
Artificial intelligence is probabilistic and may generate incorrect, incomplete, outdated or inappropriate results.
You are responsible for reviewing AI-generated information where decisions or communications may materially affect your business, customers or other individuals.
20. AI Is an Assistance Tool
Unless AppFactory expressly agrees otherwise in writing, AI output is provided as an assistance tool and should not be treated as professional:
Legal advice
Medical advice
Financial advice
Accounting advice
Tax advice
Employment advice
Safety advice
You remain responsible for decisions made using AI-generated information.
AppFactory does not guarantee that AI-generated content will always be accurate, complete, unique, error-free or suitable for a specific purpose.
21. Customer Data
You retain ownership of information, content and data that you lawfully provide to AppFactory or process through the platform.
This may include:
Customer information
Lead information
CRM records
Messages
Documents
Contact databases
Business information
Images
Forms
Appointment information
Other information uploaded to your account
You grant AppFactory a limited right to process Customer Data as reasonably necessary to:
Provide the services
Operate your account
Perform requested automation
Deliver communications
Maintain platform security
Provide customer support
Resolve technical issues
Meet legal obligations
AppFactory's handling of personal information is also governed by our Privacy Policy.
22. Your Responsibility for Customer Data
You represent and warrant that you have appropriate authority to collect, upload, process and use Customer Data through AppFactory.
You are responsible for:
The legality of your Customer Data
Obtaining required privacy notices and permissions
Obtaining marketing consent where required
Maintaining appropriate consent records
Ensuring your contact database was obtained lawfully
Responding to privacy requests
Correcting inaccurate information
Maintaining appropriate data retention practices
Complying with applicable privacy laws
Protecting sensitive information
You must not upload information that you have no legal right to possess or process.
23. Sensitive Information
Unless expressly agreed with AppFactory and appropriate safeguards are in place, you should not use AppFactory to store or process highly sensitive information where specialised regulatory compliance is required.
This may include certain:
Health information
Financial account credentials
Government identification information
Children's sensitive information
Biometric information
Criminal history information
Other specially regulated information
Customers remain responsible for determining whether AppFactory is appropriate for their regulatory requirements.
24. Acceptable Use
You must not use AppFactory to:
Break any applicable law
Commit fraud
Mislead or deceive people
Send unlawful spam
Harass or threaten individuals
Distribute malware
Conduct phishing
Access systems without authorisation
Infringe intellectual property
Distribute illegal content
Impersonate another person without authority
Circumvent security controls
Interfere with AppFactory systems
Scrape information unlawfully
Send communications to unlawfully obtained databases
Facilitate illegal activity
AppFactory may restrict or suspend accounts where we reasonably believe the platform is being misused.
25. Prohibited High-Risk Uses
Unless expressly approved by AppFactory and permitted by law, you must not use AppFactory for automated systems that independently make decisions having significant legal or similarly serious effects on individuals without appropriate human oversight.
You remain responsible for ensuring that your use of automation and AI is appropriate for your industry and jurisdiction.
26. Third-Party Services
AppFactory relies on and may integrate with third-party technology providers.
These may include providers of:
Cloud infrastructure
SMS and telecommunications
Email delivery
Artificial intelligence
Payment processing
Calendar services
Social media
Accounting software
Analytics
Authentication
Domain services
Software integrations
Our primary disclosed providers currently include:
SMSGateway for SMS communications.
Stripe for payment processing and subscription billing.
Third-party services operate independently and may have their own terms and privacy policies.
27. Third-Party Availability
AppFactory cannot guarantee continuous availability of third-party services.
A third-party provider may:
Experience an outage
Change an API
Change functionality
Introduce usage limits
Change pricing
Discontinue a service
Restrict an account
Change its terms
Where a third-party change materially affects AppFactory, we will use reasonable efforts to maintain or adapt the relevant service where commercially practicable.
AppFactory is not responsible for failures caused entirely by third-party systems outside our reasonable control.
28. Service Availability
AppFactory aims to provide reliable services but does not guarantee uninterrupted or error-free availability unless a separate service level agreement expressly provides otherwise.
Access may occasionally be interrupted for:
Maintenance
Updates
Security work
Infrastructure changes
Third-party outages
Telecommunications failures
Internet failures
Events outside our reasonable control
AppFactory may perform scheduled or emergency maintenance where reasonably necessary.
29. Changes to Features
AppFactory is a continually developing SaaS service.
We may:
Add features
Improve functionality
Modify features
Replace functionality
Remove obsolete functionality
Update integrations
Change technical architecture
Where a material change substantially reduces the core functionality of a paid service, AppFactory will take reasonable steps to provide notice where practical.
30. No Guarantee of Business Results
AppFactory provides technology and business automation tools.
We do not guarantee any specific:
Revenue increase
Number of leads
Lead response rate
Appointment rate
Sales conversion
Customer retention rate
Review volume
Search ranking
Marketing return
Business growth
Cost saving
Profit
Examples, demonstrations, calculators, projections, case studies and estimated results are illustrative only unless expressly guaranteed in a separate written agreement.
Actual results depend on factors outside AppFactory's control.
31. Customer Responsibilities
Successful use of AppFactory may depend on the customer properly implementing and using the platform.
You are responsible for matters including:
Providing accurate information
Responding to leads
Maintaining your database
Training your staff
Following your sales process
Configuring campaigns appropriately
Reviewing automated communications
Monitoring AI output
Keeping account information current
Complying with relevant laws
AppFactory is not responsible for poor results caused by failure to reasonably use, maintain or implement the services.
32. Intellectual Property
AppFactory and its licensors retain all rights in the AppFactory platform and associated intellectual property.
This includes rights relating to:
Software
Website content
Designs
Branding
Logos
Graphics
Documentation
Training materials
Processes
Templates
Automations
Workflows
System architecture
Proprietary methodologies
Except where expressly permitted, you may not reproduce, distribute, sell, publish or create derivative works from AppFactory intellectual property without written permission.
33. Customer Content
You retain ownership of original content that you provide to AppFactory.
You grant AppFactory the rights reasonably necessary to host, copy, process, display, transmit and otherwise use that content solely as required to provide your services.
You represent that you have the necessary rights to any content you provide.
34. Feedback
If you voluntarily provide suggestions, recommendations or feedback about AppFactory, you permit AppFactory to use that feedback to improve its products and services without an obligation to compensate you.
This does not transfer ownership of your confidential Customer Data to AppFactory.
35. Confidentiality
Each party may receive confidential business information from the other.
Confidential information may include:
Business processes
Pricing
Customer information
Technical information
Sales information
Strategies
Credentials
Non-public documentation
Each party must take reasonable steps to protect confidential information and must not disclose it except:
To personnel who reasonably need access
To authorised service providers
Where required to provide the services
Where required by law
Where authorised by the other party
This obligation does not apply to information that is lawfully public or independently obtained without confidentiality obligations.
36. Privacy
Your use of AppFactory is also subject to the AppFactory Privacy Policy.
The Privacy Policy explains how AppFactory handles:
Personal information
Customer Data
SMS information
AI-related processing
Payment information
International data processing
Data security
Privacy rights
The current Privacy Policy is available through appfactory.co.nz.
37. Security
AppFactory takes reasonable measures intended to protect the security of the platform.
Customers are also responsible for maintaining appropriate security.
You must:
Protect your password
Restrict administrator access
Maintain secure devices
Remove access for former employees
Notify AppFactory of suspected account compromise
Use appropriate security measures within your organisation
No internet-based system can be guaranteed to be completely secure.
38. Suspension
AppFactory may temporarily restrict or suspend access where reasonably necessary because of:
Non-payment
Security threats
Suspected fraud
Illegal activity
Serious violation of these Terms
Risk to other customers
Abuse of telecommunications systems
Spam complaints
Third-party provider restrictions
Regulatory requirements
Where appropriate and reasonably possible, we will provide notice and an opportunity to correct the issue.
Immediate suspension may occur where necessary to protect AppFactory, other users, service providers or the public.
39. Termination by AppFactory
AppFactory may terminate an account or service where:
There is a material breach of these Terms
Fees remain unpaid
The platform is being used unlawfully
The customer engages in fraud
The customer creates a material security risk
Continued service would breach applicable law
Continued service is prevented by a critical third-party provider
The customer repeatedly breaches acceptable-use requirements
Where appropriate, AppFactory will provide reasonable notice.
40. Effect of Termination
When your subscription terminates:
Your right to use paid services ends
Future recurring billing stops once cancellation takes effect
Outstanding amounts remain payable
Access to Customer Data may be restricted
Some information may be retained as required for legal, security, backup or operational reasons
Customers are responsible for exporting information they reasonably require before an account is terminated.
AppFactory may provide a reasonable data-export period where technically and commercially practicable.
41. Consumer and Statutory Rights
Nothing in these Terms excludes, restricts or modifies any legal right or remedy that cannot legally be excluded.
Where you acquire AppFactory services as a consumer, mandatory consumer protection laws that apply to you continue to apply.
Where services are acquired for business purposes, any permitted exclusion or modification of statutory guarantees will apply only to the extent permitted by applicable law and any additional legal requirements for that exclusion are satisfied.
42. Disclaimer of Warranties
To the maximum extent permitted by law, AppFactory does not warrant that:
The service will always be uninterrupted
Every feature will always be available
AI output will always be accurate
Third-party integrations will always operate
Communications will always be delivered
Software will be completely error-free
Use of AppFactory will produce a particular commercial outcome
Any warranties or guarantees that cannot legally be excluded remain unaffected.
43. Limitation of Liability
To the maximum extent permitted by applicable law, AppFactory will not be liable for indirect, special, incidental, exemplary or consequential loss arising from use of the services.
This may include loss of:
Profits
Revenue
Business opportunities
Goodwill
Anticipated savings
This exclusion does not apply where liability cannot legally be excluded.
Where permitted by law, AppFactory's total aggregate liability arising from a particular paid service will generally be limited to the fees paid by the affected customer to AppFactory for that service during the 12 months immediately preceding the event giving rise to the claim.
This limitation does not apply to liability that cannot lawfully be limited.
44. Customer Indemnity
To the extent permitted by law, you agree to indemnify AppFactory against third-party claims, losses, liabilities and reasonable costs resulting from your:
Unlawful use of AppFactory
Breach of these Terms
Unlawful marketing activity
Unauthorised use of personal information
Infringement of third-party intellectual property
Fraudulent activity
Content that you provide or distribute
Failure to obtain legally required consent
This indemnity applies only to the extent that the relevant claim was caused by your acts or omissions and does not apply to the extent caused by AppFactory's own unlawful conduct, negligence or breach.
45. Force Majeure
Neither party will be liable for failure or delay caused by circumstances reasonably beyond its control.
These may include:
Natural disasters
Severe weather
War
Civil unrest
Government action
Telecommunications outages
Internet failures
Major cyber incidents
Power failures
Widespread cloud service failures
Labour disruption
Public health emergencies
The affected party must use reasonable efforts to minimise the impact where practicable.
46. New Zealand Customers
For customers located in New Zealand, these Terms are subject to applicable New Zealand law.
Relevant mandatory legal rights remain unaffected.
AppFactory customers are responsible for ensuring their electronic communications comply with applicable New Zealand requirements relating to consent, sender identification and unsubscribe facilities.
47. International Customers
AppFactory may provide services to customers outside New Zealand.
You are responsible for complying with laws applying to your business and your use of the platform in your jurisdiction.
Mandatory consumer or privacy rights in your jurisdiction are not excluded where they cannot lawfully be excluded by contract.
The availability of particular features may vary by country because of:
Telecommunications requirements
Privacy legislation
Marketing laws
AI regulation
Payment restrictions
Third-party provider availability
48. Governing Law
Unless a separate agreement states otherwise, these Terms are governed by the laws of New Zealand.
Subject to any mandatory rights available under applicable law, the parties submit to the jurisdiction of the New Zealand courts.
For international customers, this clause does not remove any mandatory consumer rights that your local law does not permit you to waive.
49. Dispute Resolution
Before commencing formal proceedings, we encourage both parties to attempt to resolve disputes in good faith.
A party should provide written notice describing:
The nature of the dispute
Relevant facts
The outcome sought
The parties should then make reasonable efforts to resolve the dispute through discussion.
This does not prevent either party seeking urgent legal relief or exercising statutory rights where necessary.
50. Complaints
Questions or complaints about AppFactory services should first be sent to:
Privacy complaints may be directed to our Privacy Officer in accordance with the AppFactory Privacy Policy.
Nothing in these Terms prevents a person from making a complaint to an appropriate regulator where they are legally entitled to do so.
51. Changes to These Terms
AppFactory may update these Terms from time to time to reflect:
New features
Changes to services
Changes to technology
Changes to providers
Changes to pricing models
Changes to law
Changes to business operations
The current version will be published on appfactory.co.nz.
Where a change materially affects an existing paid subscription, AppFactory will provide reasonable notice where appropriate.
Continued use after the effective date of revised Terms may constitute acceptance where permitted by law.
Where affirmative acceptance is legally required, AppFactory may request that you accept the revised Terms.
52. Assignment
You may not assign or transfer your AppFactory agreement to another party without AppFactory's consent, which will not be unreasonably withheld where appropriate.
AppFactory may transfer its rights and obligations as part of a legitimate merger, acquisition, restructuring or sale of the business or relevant assets, subject to applicable law.
53. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be interpreted or limited to the minimum extent necessary.
The remaining provisions will continue to apply.
54. No Waiver
Failure by AppFactory to enforce a provision of these Terms does not waive our right to enforce that provision later.
55. Entire Agreement
These Terms, together with:
The AppFactory Privacy Policy
Your subscription or order form
Any accepted proposal
Any applicable service agreement
Any applicable data processing agreement
form the agreement relating to your use of AppFactory services.
Where a separately signed agreement expressly conflicts with these Terms, the signed agreement takes precedence for the conflicting matter.
56. Contact AppFactory
AppFactory
Legal Company Name: KCD International LTD
Website: appfactory.co.nz
Email: [email protected]
SMS
To unsubscribe from eligible marketing SMS communications:
Reply STOP
For assistance where supported:
Reply HELP
For email marketing communications, use the Unsubscribe link contained in the relevant email.
AppFactory Service Commitment
AppFactory provides software designed to help businesses bring customer communication, lead management, CRM, automation and AI functionality together.
We make getting new customers easier.
Customers remain responsible for how they use the platform, the communications they send and ensuring that their business activities comply with the laws applicable to them.
Nothing in these Terms is intended to remove rights or protections that cannot legally be excluded.
