Terms of Service

1. INTRODUCTION

These Terms of Service (“Terms“) govern access to and use of the Mera Work platform, software, applications, websites, and related services provided by AAPNA INFOTEEK PRIVATE LIMITED (“AAPNA“, “Company“, “we“, “our“, or “us“).

Mera Work is a workforce productivity intelligence and operational analytics platform designed to help organisations improve workforce visibility, productivity, accountability, operational efficiency, and work management.

By accessing, installing, registering for, subscribing to, or using Mera Work, the customer organisation or individual using the Services (“Customer“, “you“, or “your“) agrees to these Terms.

If you do not agree to these Terms, you must not access, install, or use Mera Work.

These Terms apply to both:

• Cloud-hosted (SaaS) deployments; and
• Customer-hosted (On-Premise) deployments,

as applicable to the Services purchased or used by the Customer.

2. DEFINITIONS

For purposes of these Terms:

2.1 “Authorised User”

Means an individual authorised by the Customer to access or use Mera Work under the Customer’s account, subscription, licence, or other authorised arrangement.

2.2 “Customer Data”

Means data, information, records, files, screenshots, activity information, workforce information, reports, or other content submitted to, collected through, or processed by Mera Work on behalf of the Customer.

2.3 “Customer Environment”

Means the servers, operating systems, databases, networks, storage, security systems, applications, and other infrastructure owned, controlled, operated, or managed by the Customer in connection with an On-Premise deployment.

2.4 “Documentation”

Means user guides, technical documentation, installation instructions, product documentation, and other materials made available by AAPNA relating to Mera Work.

2.5 “Licensed Software”

Means the Mera Work software, including applicable desktop agents, web administration components, APIs, standard integrations, and other software components supplied by AAPNA for an On-Premise deployment.

2.6 “Platform”

Means the Mera Work platform and associated SaaS services provided by AAPNA.

2.7 “Services”

Means the Mera Work software, platform, support, maintenance, implementation, onboarding, professional services, and other services provided by AAPNA.

2.8 “Subscription Term”

Means the period during which the Customer is authorised to access and use the SaaS Services.

2.9 “License Term”

Means the period during which the Customer is authorised to use the Licensed Software under an On-Premise deployment.

2.10 “Annual Maintenance & Support” or “AMS”

Means the support and maintenance services applicable to the Licensed Software under an On-Premise deployment.

2.11 “Business Day”

Means Monday through Friday, excluding public holidays observed by AAPNA in India.

2.12 “Force Majeure Event”

Means an event beyond the reasonable control of a Party, including natural disasters, war, government action, power failures, telecommunications failures, labour disruptions, pandemics, cyber incidents outside a Party’s reasonable control, or other similar events.

3. DESCRIPTION OF THE SERVICES

Mera Work provides organisations with functionality that may include, depending on the applicable product configuration and subscription or licence:

• workforce productivity insights;
• attendance and time tracking;
• application and website usage information;
• activity monitoring;
• screenshots;
• live screen monitoring;
• productivity reporting;
• dashboards and analytics;
• project and task tracking;
• audit trails;
• workforce visibility;
• APIs and standard integrations; and
• other features made available by AAPNA from time to time.

Features and functionality may vary by plan, deployment model, subscription, licence, or commercial arrangement.

AAPNA may introduce new features, improvements, enhancements, or changes to the Services from time to time.

4. DEPLOYMENT MODELS

Mera Work may be provided through the following deployment models.

4.1 SaaS Deployment

Under a SaaS deployment, Mera Work is hosted and operated by AAPNA or its authorised infrastructure and service providers.

The Customer accesses the Services through supported interfaces, applications, agents, or other approved methods.

AAPNA is responsible for the operation and security of infrastructure under its control, subject to the applicable SLA and the Customer’s responsibilities.

4.2 On-Premise Deployment

Under an On-Premise deployment, the Licensed Software is deployed within the Customer Environment.

The Customer is responsible for the infrastructure required to operate the Licensed Software, including servers, operating systems, databases, networking, storage, security controls, connectivity, backup, and disaster recovery, except to the extent expressly provided by AAPNA.

AAPNA remains responsible for the Licensed Software and the support and maintenance services applicable to it.

5. ELIGIBILITY AND AUTHORISED USE

The Customer shall ensure that:

• it has the authority to enter into these Terms;
• it has the right to use the devices, systems, data, and infrastructure connected to Mera Work;
• only Authorised Users access the Services;
• account credentials are kept confidential;
• access rights are appropriately managed; and
• Mera Work is used only for legitimate business purposes.

The Customer is responsible for all activity performed through its account or by its Authorised Users.

6. CUSTOMER RESPONSIBILITY FOR LEGAL COMPLIANCE

The Customer is solely responsible for ensuring that its use of Mera Work complies with all laws and regulations applicable to its organisation and activities, including, where applicable:

• privacy and data protection laws;
• employment and labour laws;
• workplace monitoring requirements;
• employee notification requirements;
• consent requirements;
• cybersecurity requirements; and
• industry-specific regulatory requirements.

The Customer shall:

• determine the purposes for which information is collected and processed;
• establish the lawful basis for processing;
• provide required notices to employees and users;
• obtain required permissions, approvals, or consents;
• configure Mera Work appropriately; and
• ensure that its use of the Services is lawful.

AAPNA provides software and related services and does not provide legal, employment, HR, privacy, regulatory, or compliance advice.

AAPNA shall not be responsible for the Customer’s failure to comply with applicable laws.

7. DATA PROCESSING ROLES

Where AAPNA processes Personal Data on behalf of a Customer:

• the Customer generally acts as the Data Controller, Data Fiduciary, or equivalent entity; and
• AAPNA generally acts as the Data Processor or equivalent service provider.

The Customer determines the purposes and means of processing Customer Data.

AAPNA processes Customer Data in accordance with the Customer’s authorised instructions and applicable contractual obligations.

For information that AAPNA processes directly for its own business purposes, including website enquiries, sales, billing, account administration, security, and business operations, AAPNA may act as the Controller or equivalent entity.

Additional data protection provisions may apply where a Customer has entered into a separate written data processing agreement with AAPNA.

8. CUSTOMER DATA

The Customer retains ownership of Customer Data.

AAPNA does not claim ownership of Customer Data.

The Customer grants AAPNA the limited rights necessary to host, access, process, transmit, store, reproduce, and otherwise use Customer Data solely as reasonably necessary to:

• provide the Services;
• operate Mera Work;
• provide support;
• perform implementation;
• perform maintenance;
• troubleshoot technical issues;
• provide Professional Services;
• maintain security;
• comply with applicable law; and
• perform other activities authorised by the Customer or permitted under applicable terms.

AAPNA may create and use aggregated, anonymised, or de-identified information that does not identify the Customer or an individual user for legitimate purposes including:

• service improvement;
• analytics;
• security;
• product development;
• performance analysis; and
• statistical purposes.

9. CUSTOMER DATA RESPONSIBILITIES

The Customer is responsible for:

• the accuracy and legality of Customer Data;
• obtaining necessary rights and permissions to process Customer Data;
• providing required privacy notices;
• obtaining required consents or approvals;
• determining appropriate retention periods;
• ensuring lawful monitoring and data collection;
• managing access to Customer Data; and
• complying with applicable data protection requirements.

AAPNA is not responsible for Customer Data that the Customer has unlawfully collected, processed, uploaded, or instructed AAPNA to process.

10. SAAS DATA RETENTION

For SaaS deployments, unless otherwise agreed in writing, Customer Data is retained on a rolling ninety (90) day basis during the active Subscription Term.

Customer Data older than the applicable retention period may be automatically deleted from the production environment.

Customers may export available Customer Data using available export functionality.

Following termination or expiry, available Customer Data may be retained for the applicable transition period and subsequently deleted or permanently anonymised, subject to applicable law and any specific written agreement.

Backup copies may remain temporarily until routine backup cycles are completed.

11. ON-PREMISE DATA RETENTION

For On-Premise deployments, Customer Data remains within the Customer Environment and under the Customer’s control.

The Customer is responsible for:

• retention;
• backup;
• archival;
• restoration;
• deletion; and
• compliance with applicable record retention requirements.

Where AAPNA temporarily accesses or stores Customer Data for implementation, support, troubleshooting, migration, or other agreed Services, AAPNA may retain such data only for as long as reasonably necessary to provide those Services, unless otherwise agreed or required by law.

12. CUSTOMER ACCOUNT AND SECURITY

The Customer shall:

• maintain the confidentiality of account credentials;
• restrict unauthorised access;
• use appropriate authentication controls;
• maintain accurate account information;
• promptly notify AAPNA of suspected unauthorised access or Security Incidents; and
• ensure that Authorised Users comply with these Terms.

AAPNA shall not be responsible for losses resulting from unauthorised access caused by the Customer’s failure to safeguard credentials or access controls.

AAPNA may implement security controls, authentication requirements, access restrictions, or other measures necessary to protect the Services.

13. CUSTOMER ENVIRONMENT FOR ON-PREMISE DEPLOYMENTS

For On-Premise deployments, the Customer is responsible for maintaining the required Customer Environment, including:

• servers;
• operating systems;
• databases;
• storage;
• networking;
• firewalls;
• VPN;
• internet connectivity;
• identity and access management;
• SSL certificates;
• endpoint security;
• antivirus and security systems;
• backup systems;
• disaster recovery systems; and
• other required infrastructure.

The Customer shall maintain infrastructure meeting the technical requirements communicated by AAPNA.

AAPNA shall not be responsible for service issues caused by failures, vulnerabilities, misconfiguration, incompatibility, or security incidents within the Customer Environment.

14. IMPLEMENTATION AND ONBOARDING

Where implementation, installation, configuration, migration, onboarding, or training services are included, such services shall be provided in accordance with the applicable scope communicated or agreed by AAPNA.

Implementation timelines may depend on:

• infrastructure readiness;
• availability of Customer personnel;
• required access;
• timely payment;
• required information;
• approvals;
• third-party dependencies; and
• Customer cooperation.

Delays caused by Customer dependencies may extend the applicable implementation schedule.

Services outside the agreed scope may be subject to additional charges.

15. SUBSCRIPTION AND LICENSING

15.1 SaaS Subscription

SaaS Services are provided on a subscription basis.

The Customer’s subscription may be:

• monthly;
• annual;
• multi-year; or
• otherwise agreed in writing.

The Customer receives a limited, non-exclusive, non-transferable, revocable right to access and use Mera Work during the applicable Subscription Term, subject to these Terms and any applicable commercial terms.

15.2 On-Premise License

For an On-Premise deployment, AAPNA grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable licence to use the Licensed Software within the Customer Environment during the applicable License Term and subject to the applicable licence scope.

The Customer shall not use the Licensed Software beyond the authorised number of users, devices, installations, environments, or other licensing limits applicable to its licence.

The Customer does not acquire ownership of the Licensed Software.

16. FEES AND PAYMENT

Fees for Mera Work shall be determined based on the applicable pricing, subscription, licence, Order Form, invoice, or other commercial arrangement.

Unless otherwise agreed in writing:

• invoices are payable in accordance with the stated payment terms;
• applicable taxes are payable by the Customer;
• the Customer shall provide accurate billing information; and
• payment obligations are not suspended merely because the Customer has raised a support request or dispute concerning unrelated Services.

Failure to make payment when due may result in suspension or restriction of Services, subject to applicable contractual and legal requirements.

AAPNA may charge additional fees for services outside the agreed scope.

17. ACCEPTABLE USE

The Customer shall not, and shall not permit any person to:

• use Mera Work for unlawful purposes;
• violate privacy, employment, labour, or data protection laws;
• attempt unauthorised access to Mera Work or related systems;
• interfere with the security, integrity, or performance of Mera Work;
• introduce malicious code, malware, or harmful software;
• reverse engineer, decompile, disassemble, or attempt to derive source code from the software, except to the extent expressly permitted by applicable law;
• copy, reproduce, distribute, resell, lease, or sublicense Mera Work without authorisation;
• circumvent licensing or access controls;
• remove proprietary notices;
• use Mera Work to infringe third-party rights;
• conduct security testing or penetration testing without prior written authorisation;
• use Mera Work to provide an unauthorised competing service; or
• use the Services in a manner that could materially harm AAPNA, its systems, or other customers.

AAPNA may restrict or suspend access where it reasonably determines that prohibited use presents a security, legal, operational, or other material risk.

18. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights relating to Mera Work remain the exclusive property of AAPNA or its licensors.

This includes, as applicable:

• software;
• source code and object code;
• algorithms;
• analytics models;
• product architecture;
• user interfaces;
• documentation;
• trademarks;
• logos;
• product features;
• databases and database structures;
• designs;
• methodologies;
• know-how; and
• other proprietary materials.

Except for the limited rights expressly granted under these Terms, no rights or licences are transferred to the Customer.

The Customer shall not claim ownership of Mera Work or any AAPNA intellectual property.

19. FEEDBACK

If the Customer or its users provide suggestions, ideas, recommendations, enhancement requests, or other feedback relating to Mera Work, AAPNA may use such feedback without restriction or obligation to the Customer.

AAPNA shall retain all rights in improvements, modifications, enhancements, and derivative works developed from such feedback.

20. UPDATES AND UPGRADES

AAPNA may release:

• Software Updates;
• Software Upgrades;
• security patches;
• bug fixes;
• performance improvements;
• compatibility updates; and
• other enhancements.

For SaaS deployments, AAPNA may deploy Updates and Upgrades as part of the operation and maintenance of the Platform.

For On-Premise deployments, Updates and Upgrades are provided subject to the applicable licence and Annual Maintenance & Support entitlement, unless otherwise agreed in writing.

The Customer may be required to maintain a supported software version to continue receiving standard support.

21. TECHNICAL SUPPORT AND MAINTENANCE

Standard Technical Support is provided in accordance with the publicly available Mera Work SLA, as applicable.

For On-Premise deployments, Software Support and Maintenance may include:

• technical troubleshooting;
• incident management;
• bug fixes;
• security patches;
• Software Updates;
• Software Upgrades;
• configuration assistance;
• product guidance;
• remote installation assistance; and
• documentation.

On-Premise support is subject to applicable Annual Maintenance & Support entitlement.

Additional or premium support services may be available for additional fees.

22. SERVICE AVAILABILITY

Mera Work service availability, support response targets, maintenance practices, incident management, and other operational commitments are described in the Mera Work Service Level Agreement (SLA) published on the Mera Work website.

For SaaS deployments, the SLA includes a 99% Monthly Service Availability commitment subject to its terms and exclusions.

For On-Premise deployments, service availability of the Customer Environment is the responsibility of the Customer. AAPNA’s service commitments relate to the Licensed Software and applicable support and maintenance services.

23. SERVICE SUSPENSION

AAPNA may suspend or restrict access to Mera Work where reasonably necessary due to:

• non-payment;
• material breach of these Terms;
• misuse of the Services;
• security risks;
• unauthorised access;
• unlawful use;
• threats to the security or integrity of the Services;
• Customer Environment risks affecting AAPNA systems;
• legal or regulatory requirements; or
• other circumstances where suspension is reasonably necessary to protect AAPNA, its customers, or the Services.

Where reasonably practicable, AAPNA shall provide notice before suspension.

Suspension does not relieve the Customer of payment obligations already incurred.

24. BACKUP AND DISASTER RECOVERY

For SaaS deployments, AAPNA maintains operational backup and disaster recovery practices designed to support service continuity.

AAPNA’s SaaS disaster recovery objectives are described in the applicable SLA.

For On-Premise deployments, the Customer is responsible for maintaining:

• backups;
• disaster recovery arrangements;
• data restoration procedures;
• infrastructure redundancy where required; and
• appropriate business continuity measures.

AAPNA may provide reasonable technical support relating to restoration of the Licensed Software, but is not responsible for Customer Environment backups or infrastructure recovery unless expressly agreed in writing.

25. CONFIDENTIALITY

Each Party shall protect confidential information received from the other Party and shall not disclose such information except:

• to authorised personnel or service providers who require access;
• as necessary to perform the applicable Services;
• with the other Party’s permission;
• where required by law; or
• where otherwise permitted under applicable contractual terms.

Confidential information may include:

• business information;
• technical information;
• Customer Data;
• product information;
• pricing;
• security information;
• documentation; and
• proprietary materials.

Confidentiality obligations shall survive termination to the extent required by applicable law or the nature of the information.

26. THIRD-PARTY SERVICES

Mera Work may integrate with or depend upon third-party services, applications, infrastructure, or technologies.

AAPNA may use third-party service providers for functions including:

• cloud infrastructure;
• hosting;
• storage;
• communications;
• payment processing;
• security;
• analytics;
• email delivery; and
• other operational services.

AAPNA is not responsible for failures of third-party services that are outside AAPNA’s reasonable control.

The Customer is responsible for complying with the terms applicable to third-party services that it independently uses or integrates with Mera Work.

27. WARRANTIES AND DISCLAIMERS

AAPNA will use commercially reasonable efforts to provide Mera Work in accordance with its applicable documentation and service commitments.

Except as expressly stated in these Terms, the SLA, or an applicable written agreement, Mera Work is provided on an “as is” and “as available” basis to the maximum extent permitted by applicable law.

AAPNA does not warrant that:

• Mera Work will be completely uninterrupted;
• Mera Work will be entirely error-free;
• every feature will operate without defects;
• the Services will meet every Customer requirement;
• the Services will be compatible with every third-party system; or
• all defects will be corrected immediately.

AAPNA does not provide legal, employment, HR, privacy, regulatory, or compliance advice.

28. INDEMNIFICATION BY CUSTOMER

To the maximum extent permitted by applicable law, the Customer shall indemnify and hold harmless AAPNA, its directors, officers, employees, affiliates, and representatives from third-party claims, damages, liabilities, costs, and reasonable legal expenses arising from:

• unlawful use of Mera Work by the Customer;
• violation of applicable laws;
• unlawful collection or processing of Personal Data by the Customer;
• Customer Data or Customer instructions;
• unauthorised monitoring or surveillance by the Customer;
• breach of these Terms; or
• misuse of the Services.

This obligation does not apply to the extent that a claim results from AAPNA’s own gross negligence, wilful misconduct, or breach of an applicable contractual obligation, to the extent such exclusion is prohibited by applicable law.

29. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, AAPNA’s total aggregate liability arising out of or relating to Mera Work, these Terms, or the Services shall not exceed the fees actually paid by the Customer to AAPNA for the applicable Services during the twelve (12) months immediately preceding the event giving rise to the claim.

To the maximum extent permitted by applicable law, AAPNA shall not be liable for:

• indirect damages;
• consequential damages;
• incidental damages;
• special damages;
• loss of profits;
• loss of revenue;
• loss of business opportunities;
• loss of anticipated savings;
• loss of goodwill; or
• loss of data, except to the extent such limitation is prohibited by applicable law.

Nothing in these Terms shall exclude or limit liability that cannot legally be excluded or limited.

30. FORCE MAJEURE

AAPNA shall not be liable for delay or failure in performing its obligations caused by events beyond its reasonable control, including:

• natural disasters;
• war;
• terrorism;
• power failures;
• internet or telecommunications outages;
• government actions;
• labour disputes;
• pandemics;
• cyber incidents outside AAPNA’s reasonable control;
• failures of public utilities; or
• other Force Majeure Events.

AAPNA shall use commercially reasonable efforts to mitigate the effects of a Force Majeure Event.

31. TERM AND TERMINATION

For SaaS deployments, the Customer’s right to access the Services continues during the applicable Subscription Term, subject to payment and compliance with these Terms.

For On-Premise deployments, the Customer’s licence to use the Licensed Software continues during the applicable License Term.

A Customer may cancel or terminate its Services in accordance with the applicable subscription, licence, commercial terms, or applicable Cancellation and Refund Policy.

AAPNA may terminate or suspend the Services where permitted under these Terms or the applicable commercial arrangement.

Upon termination or expiry:

• the Customer’s right to access SaaS Services shall cease;
• the Customer’s licence to use the Licensed Software shall cease;
• the Customer shall cease use of AAPNA’s software and intellectual property;
• outstanding payment obligations shall remain payable;
• the Customer shall return or delete AAPNA confidential information where required; and
• applicable data retention and deletion provisions shall apply.

Termination shall not affect rights or obligations that by their nature are intended to survive termination.

32. CANCELLATION AND REFUNDS

Cancellation and refund matters are governed by the Mera Work Cancellation and Refund Policy, as applicable.

Where a separate written commercial agreement contains specific cancellation or refund provisions, those provisions shall apply to the relevant Customer.

33. SHIPPING AND EXCHANGE

Where physical products, devices, equipment, or other tangible items are supplied by AAPNA, shipping, delivery, replacement, and exchange matters shall be governed by the Mera Work Shipping and Exchange Policy, as applicable.

34. PRIVACY AND DATA PROTECTION

AAPNA’s collection and processing of Personal Data is described in the Mera Work Privacy Policy.

The Customer’s responsibilities regarding Customer Data and workforce-related information are described in these Terms and, where applicable, additional contractual data protection terms.

Where a Customer has entered into a separate Data Processing & Security Addendum or equivalent written data processing agreement with AAPNA, the applicable agreement shall govern the specific data processing relationship to the extent of any inconsistency.

35. SERVICE LEVEL AGREEMENT

Service availability, support response targets, incident severity levels, maintenance practices, disaster recovery objectives, and other service commitments are described in the Mera Work Service Level Agreement (SLA).

The SLA published on the Mera Work website forms part of the overall public service framework for Mera Work.

Where a Customer has separately agreed written service levels with AAPNA, those agreed service levels shall apply to that Customer to the extent expressly provided.

36. CHANGES TO THE SERVICES

AAPNA may from time to time:

• introduce new features;
• modify existing functionality;
• improve performance;
• update technology;
• modify interfaces;
• discontinue obsolete features;
• introduce new products or services; or
• modify technical requirements.

AAPNA shall use reasonable efforts to avoid materially reducing the core functionality of the Services during an active service period.

Changes may be made without liability where necessary for:

• security;
• legal or regulatory compliance;
• compatibility;
• infrastructure changes;
• prevention of misuse; or
• other legitimate operational reasons.

37. CHANGES TO THESE TERMS

AAPNA may update these Terms from time to time to reflect:

• changes to Mera Work;
• changes in applicable laws;
• changes in business practices;
• changes in security practices;
• new features or services; or
• other operational requirements.

Updated Terms shall be published on the official Mera Work website.

Where required by applicable law, AAPNA may provide additional notice regarding material changes.

Continued use of Mera Work following publication of updated Terms constitutes acceptance of the revised Terms to the extent permitted by applicable law.

Where a Customer has an executed written agreement containing specific provisions regarding amendments, the amendment provisions of that agreement shall apply to that Customer.

38. ORDER OF PRECEDENCE

These public Terms are intended to provide the general terms governing use of Mera Work.

Certain Customers, particularly enterprise Customers, may enter into additional written agreements with AAPNA, which may include:

• Enterprise Subscription Agreement;
• Enterprise Software License & Support Agreement;
• other applicable written agreements.

Where such agreements are executed and expressly applicable to a Customer, the specific terms of those agreements shall govern the relevant Customer relationship to the extent of any inconsistency with these public Terms.

The Mera Work Privacy Policy, SLA, Cancellation and Refund Policy, and Shipping and Exchange Policy apply as described in those respective policies.

39. NO WAIVER

Failure by AAPNA to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision or any other provision in the future.

40. SEVERABILITY

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

The invalid or unenforceable provision shall be interpreted or modified to the minimum extent necessary to make it enforceable while preserving its original intent as closely as possible.

41. ASSIGNMENT

The Customer may not assign or transfer its rights or obligations under these Terms without AAPNA’s prior written consent, except where permitted under applicable law.

AAPNA may assign or transfer its rights and obligations in connection with a merger, acquisition, restructuring, sale of business, sale of assets, or similar corporate transaction.

42. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of India.

Subject to any dispute resolution mechanism expressly agreed in a separate written agreement, courts located in New Delhi, India shall have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services.

43. CONTACT INFORMATION

For questions regarding these Terms or Mera Work, please contact:

AAPNA INFOTEEK PRIVATE LIMITED
Website: https://mera.work
Email: support@mera.work