Terms & Conditions

  1. What is this document?
    1. These terms of use, read together with the Privacy Policy located at ("Privacy Policy"), constitute a legal and binding contract between you and WorkApps Solutions Pvt. Ltd. (henceforth referred to as the "Agreement" and "WorkApps" respectively) providing, inter alia, the terms that govern your access to and use (including free trials) of the below:
      1. WorkApps website "www.workapps.com" (henceforth referred to as the "Website"),
      2. WorkApps, a cloud based task management system whether accessed or used from the Website or from a mobile application (available on any platform) ("WorkApps"),
      3. Any ancillary services provided by WorkApps in connection with the Website or WorkApps (collectively the "Services").
      You hereby agree and understand that this Agreement is a binding contract between WorkApps and any person who accesses or uses the Services in any manner and accordingly you hereby agree to be bound by the terms contained in this Agreement. If you do not agree to the terms contained in this Agreement, you shall not have the right to use the Services and shall forthwith leave the Website.
    2. You must be 18 (eighteen) years of age or older to register, or visit or use the Services in any manner. By registering, visiting or using the Services, you hereby represent and warrant to WorkApps that you are 18 (eighteen) years of age or older, and that you have the right, authority and capacity to use the Services and agree to and abide by this Agreement. If you are using the Services on behalf of another organization or entity ("Organization"), then you are agreeing to be bound by the Agreement on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to this Agreement. In that case, "you" and "your" refers to you and the concerned Organization.
    3. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
      1. the Indian Contract Act, 1872,
      2. the (Indian) Information Technology Act, 2000, and
      3. the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules").
    4. WorkApps authorizes you to view and access the content available on the Services (including the use of the Website and WorkApps) solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Services, including but not limited to, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website or any of the other Services (collectively, "WorkApps Content" ), are the property of WorkApps and are protected under copyright, trademark and other laws. You shall not modify the WorkApps Content or reproduce, display, publicly perform, distribute, or otherwise use the WorkApps Content in any way for any public or commercial purpose or for personal gain.
  2. Installation
  3. Cookies Information
    When you visit the WorkApps Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. WorkApps uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the WorkApps Site may not function properly if the ability to accept cookies is disabled.
  4. Intellectual property
    1. Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of WorkApps, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Indian and International intellectual property and other laws
    2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by WorkApps
  5. Third Party Intellectual Property
    Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
  6. Third Party Rights
    Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and WorkApps.
  7. Availability of the Website and Modifications
    1. The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality
    2. WorkApps accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
    3. WorkApps reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
    4. No Waiver In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
  8. No Warranty
    WorkApps makes no warranty, express or implied, including without limitation with respect to the WorkApps Software Platform, the Program, the communication, messages, and other services, and expressly disclaims the warranties or conditions of non-infringement, merchantability, and fitness for any particular purpose. To the extent Messages, Ideas, Files, Advertisements, Links, storage & Communication are shared across WorkApps Chat Platform, WorkApps (including its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties) shall not have any liability in connection with the display of such messages, links and decisions taken based on the messages shared across or in connection with WorkApps.
  9. No Liability
    You understand that WorkApps Platform is merely a tool that may be used by you as an additional means of helping you to manage the tasks. Furthermore, WorkApps does not in any way warrant or represent that the usage of the WorkApps Platform is sufficient for meeting these obligations. WorkApps shall take no liability for your or any other employees' failure(s) to meet these obligations independently. The sole responsibility for meeting all the corporate, statutory and legal obligations rests with you. You shall be responsible for making all backups of the file storage and usage data as may be required under the law or smooth functioning of your business, and no failure of the WorkApps' Platform or WorkApps shall transfer any of this responsibility to WorkApps.
  10. Program Participation
    Your use of the WorkApps Platform is generally subject to WorkApps' prior approval (which requirement may be waived by WorkApps at its sole discretion), and is always subject to termination without prior notice by WorkApps at any time, for reasons that include (but are not limited to) fraud, negligence and default on Your part. You agree that WorkApps may through the WorkApps Platform serve, display and project (a) third party and/or WorkApps.
  11. Publicity
    You agree that WorkApps may use Your name and logo in presentations, marketing materials, customer lists, and financial reports. You may not use WorkApps' trade names, trademarks, service marks, logos, domain names, and other distinctive brand features without prior written consent.
  12. Third Party Information
    Information provided by users through the WorkApps Services (Including but not restricted to the WorkApps task management system, chat and any other ancillary Services) may contain links to third party websites that are not owned or controlled by WorkApps. WorkApps has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, WorkApps will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that WorkApps shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
  13. User Status Submissions
    A. WorkApps allows you to submit status text, profile photos and other communications submitted by you, as well as any automatic submissions (collectively, the "Status Submissions"). These Status Submissions may be hosted, shared, and/or published as part of the WorkApps Service, and may be visible to other users of the Service who are in your Contacts and which you have not expressly blocked. You shall be solely responsible for your own Status Submissions and the consequences of posting or publishing them. Because WorkApps is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of WorkApps, and WorkApps makes no guarantees as to the validity, accuracy or legal status of any submissions. You also hereby grant each of your contacts on WorkApps Service a non-exclusive license to access your Status Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a Status Submission from the WorkApps Service
  14. Content Disclaimer
    You further understand that when using the WorkApps Service, you will be exposed to Content and Submissions from a variety of sources, and that WorkApps is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of WorkApps. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against WorkApps with respect thereto, and agree to indemnify and hold WorkApps, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the WorkApps Service, including chat and othere shared content.
  15. Use of Services
    1. The Services, inter alia enable you to create, share, upload or attach information to, and edit "workbooks" that form a part of the Services (" Workbooks"). You may use the Services (including free trials) to
      1. create, submit content to, edit and delete Workbooks through the Website or mobile applications,
      2. invite other users to view, submit content to, and/or edit Workbooks you create, and
      3. otherwise use the features and functionality of the Services for your internal business purposes, subject to the terms and conditions of this Agreement.
    2. You hereby agree that you shall not at any time
      1. distribute, resell, cross-sell, or permit access to the Services to any third party,
      2. permit multiple end users to access the Services using shared login credentials (i.e., a shared email address and password),
      3. use the Services other than in accordance with
        1. the instructions or documentation WorkApps may provide from time to time,
        2. applicable laws and
        3. clause 15 of this Agreement.
    3. You may not access the Services if you are WorkApps' direct competitor, except with WorkApps' prior written consent. In addition, you may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes unless you are authorized to do so by WorkApps.
    4. WorkApps shall provide you basic support for the Services at no additional charge and will use commercially reasonable efforts to make the Services available 24 (twenty four) hours a day, 7 (seven) days a week, except for
      1. planned downtime (of which WorkApps shall give at least 8 (eight) hours' notice via the Services or
      2. any unavailability caused by circumstances beyond WorkApps' reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider failures or delays or disruption of the Services due to any illegal hacking. Further, WorkApps disclaims all liabilities in the event its servers are illegally hacked, disrupted, or compromised in any manner and WorkApps shall not be held responsible for any loss of information (including Sensitive Personal Data or Information under the SPI Rules).
    5. WorkApps may, at its sole discretion, suspend your ability to use or access the Services (or a part of the Services) at any time while WorkApps investigates complaints or alleged violations of this Agreement, or for any other reason. Further, it shall also have the ability to prohibit or restrict you from using the Services if WorkApps, in its opinion, feels that you are misusing the Services in any manner whatsoever.
    6. WorkApps has the right to edit your profiles to make it more suitable for the Website or the WorkApps mobile application. If you find any wrong information on the Website about you, you can contact WorkApps immediately for such corrections. However, WorkApps shall have no liability or responsibility in this regard.
    7. WorkApps may, at any time and without having to serve any prior notice to you,
      1. upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit,
      2. change any promotion period, free trial period, grace period (by whatever name it is called) and
      3. change the contents of this Agreement or the Privacy Policy.
  16. Covenants
    1. As mandated by Regulation 3(2) of the IG Rules, WorkApps hereby informs you that then you are not permitted to host, display, upload, modify, publish, transmit, update or share any information that -
      1. belongs to another person and to which you do not have any right;
      2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
      3. harm minors in any way;
      4. infringes any patent, trademark, copyright or other proprietary rights;
      5. violates any law for the time being in force;
      6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      7. impersonate or defame another person;
      8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
      9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.
    2. You are also prohibited from:
      1. violating or attempting to violate the integrity or security of the Website or any WorkApps Content;
      2. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by WorkApps;
      3. intentionally submitting to the Website any incomplete, false or inaccurate information;
      4. making any unsolicited communications to other users of the Services;
      5. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
      6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
      7. copying or duplicating in any manner any of the WorkApps Content or other information available from the Website; and
      8. framing or hot linking or deep linking any WorkApps Content.
    3. WorkApps, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned clause 15.ii above, shall be entitled to disable such information that is in contravention of clause 15.ii. WorkApps shall be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.
    4. WorkApps may disclose or transfer information provided by you to its affiliates in other countries, and you hereby consent to such transfer. The SPI Rules only permit WorkApps to transfer Sensitive Personal Data or Information under the SPI Rules including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by WorkApps as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between WorkApps or any person on its behalf and the user or where you have consented to data transfer.
    5. You agree not to disclose, duplicate, publish, disseminate, release, transfer or otherwise make available WorkApps' Confidential Information in any form to, or for the use or benefit of, any person or entity without WorkApps' prior written consent. " Confidential Information" means any of WorkApps' financial, technical, or business information that WorkApps designates as confidential at the time it discloses it to you, or that you reasonably should understand to be confidential based on the nature of the information or the circumstances surrounding its disclosure. Further,
      1. the specific features of the Services,
      2. the documentation WorkApps provides to you in connection with the Services, and
      3. information provided by other users of the Services shall be deemed to be " Confidential Information" and shall be treated in a manner provided in this clause 3.v.
  17. Use of Your Content
    1. Subject to the provisions contained in the Agreement, you shall retain all right, title and interest in the content and data you enter into a Workbook or otherwise submit to the Services (" Content"). You represent and warrant to us that you own all rights or otherwise have obtained all licenses, consents or permissions necessary to submit the Content to the Services, and you agree not to submit Content that infringes or misappropriates the intellectual property rights or other proprietary rights of any third parties, including their rights of privacy and publicity.
    2. You hereby provide WorkApps with a perpetual, non-exclusive, royalty free, worldwide license to the Content that you provide in connection with the Services. Accordingly, WorkApps shall have the right to use, modify, distribute, reformat, display and make it available for download.
    3. Your Content may include comments or other Content you post on discussion boards or in other public communities or forums that WorkApps maintains on the Website and Services (" Community Content"). You hereby grant WorkApps a perpetual, irrevocable, royalty free, worldwide license to:
      1. display, distribute, reproduce, reformat, make available for download, modify and use Community Content, and
      2. Sub license these rights to other users of the Websites and Services.
    4. This Clause should be read together with the Privacy Policy
  18. Subscription & Taxes
    1. You hereby agree to pay all subscription fees, consulting fees and other fees applicable to your usage of the Services and you shall not circumvent the fee structure in any manner. The fee is a monthly subscription and does not depend on the actual usage of the Services. The subscription fee is non-refundable.
    2. You are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. WorkApps is in no way responsible for any of the taxes except for its own income tax.
    3. The fees could be paid online through the facility made on the Website. Third parties' support and services are required to process online fee payment. WorkApps is not responsible for any additional costs, loss or damage caused you during this process as these third parties are beyond the control of WorkApps. The fees could also be paid offline and be either collected personally from you or required to be mailed to WorkApps at the following address: WorkApps Solutions Pvt. Ltd. 1st Floor, Marisoft 1, Marigold, Kalyani Nagar Pune – 411014, Maharashtra. Further, you agree and adhere to the terms and conditions of the concerned online portal, if applicable.
    4. All fees for the usage of the Services are exclusive of taxes. Currently, Service Tax @14.5%(Fourteen Point Five percent) is levied on every acquisition of the Services. This rate may change from time to time as per notifications of the concerned government departments. Further, there may be other taxes, duties and other government institued levies applicable to our services. You hereby agree to bear service tax at the rate in existence at the time being and any other such levies as mentioned above in addition to the fees for usage of the Services.
    5. The payment process would be considered to be complete only on receipt of the amount to WorkApps' designated bank account. Fees not received within the specified due dates attract late charges of 18% (eighteen percent) per annum from the due-date of payment, which may be levied at WorkApps' sole discretion.
    6. WorkApps reserves the right to modify the fee structure by providing a 30 (thirty) days' prior notice, either by notice on the Website or through email to you (on the email address registered with WorkApps), which shall be considered as valid and agreed communication.
    7. In order to process the payments, WorkApps may require details of your bank account, credit card number, etc. Please check the Privacy Policy on how WorkApps uses such confidential information provided by you.
    8. In case of non-payment of fees for a continuous period of 3 months or whenever decided from time to time by WorkApps., WorkApps reserves the right to discontinue the Services and delete your account, apart from resorting to any legal recourse available. WorkApps also reserves the right to modify this term as and when it deems fit.
  19. Collection, Use, Storage and Transfer of Personal Information
    Your use of the Services is governed by our Privacy Policy . WorkApps may update the Privacy Policy from time to time without having to provide prior written notice. WorkApps Privacy Policy sets forth its practices regarding the collection, use and disclosure of personal information (including Sensitive Personal Data or Information under the SPI Rules) that it obtains about you in connection with the Services. For avoidance of doubt, the WorkApps Privacy Policy does not apply to personal information that you may enter into Workbooks, or that you include in the content posted to message boards or other public areas/fora of the Services. When you enter information into Workbooks, it may be viewed, edited, modified, and/or deleted by other users who have been invited to share such Workbooks (subject to the access and use privileges for a workbook established by its creator).
  20. Liability
    1. WorkApps shall not be responsible or liable to you in any manner for any losses, damage, injuries or expenses incurred by you as a result of any disclosures made by WorkApps, where you have consented to the making of such disclosures by WorkApps. If you have revoked such consent under the terms of the Privacy Policy, then WorkApps shall not be responsible or liable in any manner to you for any losses, damage, injuries or expenses incurred by you as a result of any disclosures made by WorkApps prior to its actual receipt of such revocation.
    2. You shall not hold WorkApps responsible or liable in any way for any disclosures by WorkApps under Regulation 6 of the SPI Rules.
    3. The Services provided by WorkApps or any of its licensors or providers are provided "as is," as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). WorkApps does not provide or make any representation, warranty or guaranty, express or implied about the Website or the Services.
    4. WorkApps does not verify any Content or information provided by you while using the Services and to the fullest extent permitted by law, disclaims all liability arising out of your use or reliance upon the Website, the Services, and the WorkApps Content.
    5. The Website may be linked to the website of third parties, affiliates and business partners. WorkApps has no control over, and shall not be liable for the content, accuracy, validity, reliability, or quality of such websites. Inclusion of any link on the Website does not imply that WorkApps endorses the linked site. You may use the links and these services at your own risk.
    6. WorkApps assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of your access to/use of, the Services or the downloading of any material, data, text, images, video content, or audio content from the Website or any of the Services.
    7. In no event, including but not limited to negligence, shall WorkApps, or any of its directors, officers, employees, agents or service providers (collectively, the " Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to,
      1. the use of, or the inability to use, the Services or the content, materials and functions related thereto,
      2. your provision of information via the Services, or
      3. lost business or lost sales, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of you or other person on or through the Website unless otherwise provided in this Agreement.
  21. Indemnity
    1. You hereby agree to indemnify and hold harmless WorkApps, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from
      1. your access to or use of Services,
      2. violation of the Agreement,
      3. infringement, or infringement by any other user of your account,
      4. infringement of any intellectual property or other right of any person or entity.
      WorkApps will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
  22. Term, Termination and Disputes
    1. This Agreement will remain in full force and effect while you are a user of the Services in any form or capacity.
    2. You may terminate your arrangement with WorkApps under this Agreement at any time by providing 30 (thirty) days' prior written notice to WorkApps Enterprise Secure Chat App Privacy Policy WorkApps shall discontinue your account, only after verifying if there are any ongoing or pending Services or payments. WorkApps may want you to continue until the completion of an on-going Service should the situation warrant.
    3. You shall be obligated to pay WorkApps for any and all Services that you would have procured till the date of termination of the Agreement.
    4. WorkApps reserves the right to terminate any account in the following cases:
      1. You breach any terms and conditions of this Agreement or the Privacy Policy;
      2. WorkApps is unable to verify or authenticate any information provided to WorkApps by you; or
      3. WorkApps believes in its sole discretion that your actions may cause legal liability for the other users of the Services or for WorkApps or are contrary to the interests of WorkApps.
    5. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Services under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, you shall no longer have access to data, messages, files and other material kept on the Website or on any other application hosted by WorkApps.
    6. Upon your request or within 30 (thirty) days after the effective date of termination of Services under this Agreement, WorkApps will make available to you (for download) a copy of your data. After a period of 30 (thirty) days after the termination of the Services subscription, WorkApps shall have no obligation to maintain or provide any of your data and shall thereafter, unless legally prohibited, delete all your data in its systems or otherwise in its possession or under its control.
    7. WorkApps reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your Content from the Website and immediate termination of your account with or without enabling you to access the Website and the other Services, upon any breach of this Agreement or if WorkApps is unable to verify or authenticate any information you submit to WorkApps, or if you fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for WorkApps to provide the Services to you.
    8. This Agreement and any contractual obligation between WorkApps and yourself will be governed by the laws of India, subject to the exclusive jurisdiction of courts at Pune, (Maharashtra).
    9. All disputes will be subject to arbitration at Pune, (Maharashtra) in English by a single arbitrator appointed by WorkApps under the Arbitration and Conciliation Act, 1996.
    10. Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution and Confidentiality shall continue and survive termination.
  23. Severability & Waiver Contact Information
    1. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
  24. Contact Information
    1. If you have any question, issue, complaint regarding any of our Services, please contact our customer service at WorkApps Enterprise Secure Chat App Privacy Policy
    2. If you have any questions concerning WorkApps, the Website, this Agreement, or anything related to any of the foregoing, WorkApps can be reached at the following email address: WorkApps Enterprise Secure Chat App Privacy Policy or via the contact information available at the following hyperlink: www.workapps.com/contact.html