IRIS MOBILE Software Terms of Use

Version of 15 October 2026

These terms are entered into between you and IRIS MOBILE LAB, S.L., NIF B05661319, registered office: Calle Otumba, 5, puerta B, 41001 Seville, Spain (the “Company”, “we”).

They govern the use of the IRIS MOBILE software. By accepting these terms or by starting to use the Software, you agree to comply with them.

1. General Provisions and Definitions

1.1. In these terms, the following expressions have the meanings set out below:

• Software means the Company’s software: the Iris Mobile Desktop application, the Iris Mobile mobile application, the web platform (dashboard) and their updates.
• User, you means a natural or legal person using the Software: a partner, point operator or photographer of the Iris Mobile Network.
• Iris Mobile Network means the points, events and partners operating under the Iris Mobile brand.
• Agreement means a separate agreement between you and the Company (an equipment rental, partnership, franchise, point lease or services agreement) under which you are given access to the Software.
• Account means your personal access to the Software.
• Privacy Policy means the Company’s document describing how personal data are processed in the Software.

1.2. The Software is intended solely for professional use within the scope of your activity in the Iris Mobile Network. You confirm that you are not using the Software as a consumer and that you are at least 18 years of age.

1.3. These terms supplement the Agreement. If the Agreement contains different rules regarding the Software, the rules of the Agreement prevail.

1.4. These terms are accepted electronically, by ticking a box in the application or the dashboard upon registration or upon an update. The Company keeps a record of acceptance and provides you with a copy of these terms on request.

2. Rights in the Software and Licence

2.1. All intellectual property rights in the Software, its code, design, databases and documentation, and in the trade marks and the Iris Mobile brand, belong to the Company or its licensors. These terms do not transfer any of these rights to you, other than the licence described below.

2.2. The Company grants you a non-exclusive, non-transferable, non-sublicensable and revocable licence to use the Software on your devices for the duration of the Agreement and these terms, solely for the purposes of the Agreement.

2.3. The Software may contain open-source components. Such components are governed by their own licences, which are listed on the “Licences” screen of the application and which, in respect of those components, prevail over these terms. Nothing in these terms limits the rights that those licences grant you.

3. Restrictions on Use

3.1. You may not:

• copy, modify, translate or create derivative works based on the Software;
• decompile, disassemble or otherwise reconstruct the source code of the Software, except where expressly permitted by law (Article 100 of the Spanish Intellectual Property Act);
• sell, rent, transfer or provide access to the Software or your Account to third parties;
• circumvent or disable security, authentication or access restriction measures;
• use the Software outside the Iris Mobile Network, for unlawful purposes or to create a competing product;
• collect data from the Software by automated means (scraping, bots) without the Company’s written consent;
• upload to the Software malicious code or content that infringes the rights of third parties or the law.

3.2. A breach of this Section constitutes grounds for suspension of access in accordance with Section 12.

4. Account and Security

4.1. The Account is created by the Company or by you at the Company’s invitation. You must provide true and up-to-date information and update it if it changes.

4.2. The Account is personal. You must keep your password and two-factor authentication codes confidential and must not share them with any other person. Actions performed through your Account are deemed to be yours until you notify us of unauthorised access.

4.3. You must notify the Company without delay, at the address given in Section 17, of the loss of a device, a password leak or any suspected unauthorised access.

4.4. You must protect the devices on which the Software runs: use a screen lock, install operating system updates and not leave a device unattended with the Software open.

5. Personal Data

5.1. The Company processes your personal data in accordance with Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018 on Personal Data Protection. The purposes, legal bases, retention periods, recipients and your rights are described in the Privacy Policy, which is available in the Software settings and in the dashboard.

5.2. The Company’s roles and your role with respect to the personal data of the clients you photograph are determined by the Agreement and the Privacy Policy.

5.3. When working with client data in the Software, you must:

• inform the client before the photo session and obtain their consent through the forms provided in the Software;
• use client photographs and data solely to provide the Iris Mobile service;
• not copy or export client data from the Software, except as provided for by its functions;
• notify the Company within 24 hours of any leak or loss of, or unauthorised access to, data.

5.4. Photographs of the iris are used solely to create images and are not processed for the purpose of identifying a person.

6. Your Data and Content

6.1. Content means the photographs, images, texts, sales data and other materials that you create in or upload to the Software.

6.2. You grant the Company a royalty-free, non-exclusive right to store, process and reproduce the content and to transfer it to the providers referred to in Section 8, to the extent necessary for the operation of the Software, the provision of services to the Iris Mobile Network and the performance of the Agreement. Any other use of the content, including in advertising, is permitted only with the separate consent of the persons to whom it relates.

6.3. The Company may use anonymised and aggregated data on the operation of the Software and the Iris Mobile Network (statistics, sales figures not linked to specific individuals) for analytics and for the development of the Software.

6.4. You warrant that you hold all rights and consents necessary to upload the content to the Software and that the content does not infringe the law or the rights of third parties.

6 bis. Chat Between Users

6 bis.1. The in-app chat is intended for communication between users of the Software. Its use is voluntary. The “News Iris Mobile” channel is the Company’s announcement channel about the Software, the equipment and the service; it is not used for advertising or for instructions on how to carry out your activity.

6 bis.2. It is prohibited to send in the chat: insults, threats, harassment and discriminatory content; content of a sexual or violent nature; spam and advertising; personal data or images of other persons without their consent; any unlawful content or content that infringes the rights of third parties.

6 bis.3. Zero tolerance. The Company does not tolerate unacceptable content or abusive behaviour.

6 bis.4. Any participant may report a message (by long-pressing it) and block another user. You may also report an infringement to the address given in Section 17.

6 bis.5. Reports are reviewed by the Company — always by a person, not by an automated system — within 24 hours. If the infringement is confirmed, the Company may disable the chat for the person who committed it and, in serious or repeated cases, suspend their Account (Section 12). We will inform you of any decision affecting you and the reasons for it; you may challenge it by writing to the address given in Section 17.

6 bis.6. One-to-one and group chats are end-to-end encrypted; the Company does not monitor those conversations and sees only what a participant sends to it in a report. The “News Iris Mobile” channel is not end-to-end encrypted.

6 bis.7. Point of contact for users and authorities under Regulation (EU) 2022/2065: support@irismobile.eu, in Spanish, English and Ukrainian.

6 bis.8. Messages from people you have not yet chatted with arrive as a request. Either participant in a one-to-one chat may delete it for both, except while there is an open report about that chat. If you receive unacceptable messages, we recommend reporting them immediately.

7. Technical Requirements and Support

7.1. The Software requires a compatible device, a supported version of the operating system and an internet connection. The current requirements are published in the dashboard. The costs of devices, communications and internet access are borne by you, unless the Agreement provides otherwise.

7.2. The Company provides technical support by email, at the address given in Section 17, on working days. Response times and the level of availability of the Software are determined by the Agreement; where the Agreement does not set them, the Company acts with reasonable promptness.

8. Third-Party Services

8.1. The Software works together with third-party services. The main ones are:

• Eye.Photo (Eyepic, S.L., Spain) — processing of photographs and creation of artistic images (“artworks”). For this purpose, photographs are transferred to the Eye.Photo service. The artwork templates and the processing technology belong to Eyepic, S.L. The Eye.Photo terms of use and privacy policy can be viewed in the Iris Mobile Desktop settings.
• App stores (Apple App Store, Google Play) — downloading and updating the mobile application. The rules of the relevant store apply together with these terms. Additional terms for the application downloaded from the Apple App Store are set out in clause 8.4.
• Payment and point-of-sale services that you connect yourself (for example, Stripe, SumUp) — these operate under an agreement between you and the relevant service. The Software only reads data from these services for statistical purposes. The Company is not a payment institution or a bank, does not accept or hold your funds and does not provide payment or point-of-sale services. Obligations relating to recording sales, issuing receipts and tax accounting rest with you.

8.2. When using the Software, you must comply with the terms of the third-party services you use, including your agreement with your mobile network operator.

8.3. We may change third-party service providers while maintaining the level of data protection. If such a change concerns the processing of personal data, we update the Privacy Policy. We are not responsible for the availability or operation of third-party services, but we notify you of any failures known to us that affect the operation of the Software.

8.4. If you downloaded the mobile application from the Apple App Store, the following terms also apply:

1. These terms are concluded between you and the Company, and not with Apple Inc. (“Apple”). The Company, not Apple, is responsible for the application and its content.

2. You are granted a non-transferable licence to use the application on Apple-branded products that you own or control, as permitted by the Usage Rules set out in the App Store Terms of Service.

3. Apple has no obligation to furnish any maintenance and support services with respect to the application.

4. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the application to you, if you paid for it. To the extent permitted by law, Apple has no other warranty obligation with respect to the application.

5. The Company, not Apple, is responsible for addressing any claims relating to the application, including product liability claims and claims that the application fails to conform to any applicable legal or regulatory requirement or consumer protection legislation.

6. In the event of any third-party claim that the application or your use of it infringes that third party’s intellectual property rights, the Company, not Apple, is responsible for the investigation, defence, settlement and discharge of any such claim.

7. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

8. Please direct any questions, complaints or claims regarding the application to the Company using the contact details set out in Section 17.

9. Apple and its subsidiaries are third-party beneficiaries of these terms. Upon your acceptance of these terms, Apple will have the right to enforce them against you.

9. Software Updates and Changes

We develop the Software: we add, change and remove features. Updates may be mandatory: an older version may stop working with the platform. We give advance notice of mandatory updates, except for urgent security updates. Updates are governed by these terms unless separate terms accompany the update.

10. Confidentiality

10.1. Non-public information about the Software, the Iris Mobile Network, points, prices, statistics and processes is confidential. You must not disclose it to third parties or use it for any purpose other than using the Software, both while these terms are in force and for five years after their termination. Information that constitutes a trade secret within the meaning of the Spanish Trade Secrets Act 1/2019 remains confidential for as long as it retains that status.

10.2. The confidentiality obligation does not apply to information that:

• is publicly available through no fault of yours;
• was lawfully known to you before you received it from us;
• is required to be disclosed by law, a court or a public authority; in that case, where permitted, you must notify us in advance and disclose only what is necessary.

10.3. If you have signed a non-disclosure agreement (NDA), it applies together with this Section and prevails in the event of any inconsistency.

11. Suggestions

If you send us ideas, feedback or suggestions regarding the Software, you grant the Company, free of charge, a non-exclusive and irrevocable right to use them in any country for the entire term of protection of the relevant rights, including to reproduce, modify, transform, distribute, communicate to the public and incorporate them into the Software and other Company products, and to transfer this right to third parties. The Company is not obliged to pay any remuneration for this. You agree that suggestions may be implemented without attribution to you. The author’s moral rights, which cannot be transferred by law, remain with you.

12. Suspension and Termination

12.1. We may suspend or terminate your access to the Software if:

• you breach these terms or the Agreement;
• this is required for the security of people, data or the system;
• this is required by law.

Where possible, we notify you of the reason in advance by email or in the application.

12.2. You may delete your Account in the application at any time. What happens to your data after deletion is described in the Privacy Policy. Deletion of your Account does not terminate the Agreement.

12.3. The licence to the Software terminates together with the Agreement or from the moment your access is terminated. You must then stop using the Software and remove it from your devices.

12.4. Sections 2 (as regards the Company’s rights), 3, 6, 10, 11, 13, 14 and 16 survive termination.

13. Warranties

The Software is provided “as is” and “as available”. We make reasonable efforts to ensure that it operates reliably and securely, but we do not guarantee uninterrupted or error-free operation. This Section does not limit any warranties that cannot be excluded by law.

14. Liability

14.1. To the extent permitted by law, the Company is not liable for indirect losses or loss of profit, or for any loss of data not caused by its fault. You are responsible for keeping copies of the data you need.

14.2. The Company’s total liability under these terms is limited to the amount you paid to the Company for the use of the Software during the 12 months preceding the event giving rise to the loss. If the Software is provided to you free of charge, liability is limited to EUR 300.

14.3. The limitations set out in this Section do not apply in the event of wilful misconduct or gross negligence on the part of the Company (Article 1102 of the Spanish Civil Code), harm to life or health, or where the law prohibits such a limitation.

15. Changes to These Terms

15.1. We may amend these terms for valid reasons: changes in legislation, in the features of the Software, in third-party services or in security requirements.

15.2. We notify you of material changes at least 15 days before they take effect: we publish the new version in the dashboard and the application and send a notification. If you do not agree with the changes, you may stop using the Software before that date. Once the changes take effect, continued use requires acceptance of the new version; without it, some features may be unavailable.

15.3. Editorial changes that do not affect your rights and obligations take effect upon publication.

15.4. We keep previous versions of these terms and records of their acceptance and provide them to you on request.

16. Governing Law, Language and Disputes

16.1. These terms are governed by Spanish law.

16.2. Before bringing court proceedings, the parties shall attempt to settle the dispute through negotiation. The party initiating the dispute shall send the other party a written request describing the dispute by a means that allows receipt to be confirmed (burofax, registered letter with acknowledgement of receipt or email with confirmation of receipt). The other party shall respond within 30 calendar days of receipt. This procedure constitutes an out-of-court dispute resolution mechanism within the meaning of Spanish Organic Law 1/2025.

16.3. If the dispute is not settled, it shall be heard by the courts of the city of Seville, unless the law mandatorily provides for a different jurisdiction.

16.4. These terms are available in Ukrainian, Russian, English, Spanish and Polish. In the event of any discrepancy between the versions, the Spanish text prevails.

17. Contacts

IRIS MOBILE LAB, S.L.
NIF: B05661319
Registered office: Calle Otumba, 5, puerta B, 41001 Seville, Spain.
Email: support@irismobile.eu — technical support, questions about these terms, requests concerning open-source components and notices under Sections 4, 5 and 16.