myIRIS - Terms Of Service

1.1 These Terms and Conditions of Use apply between you and IRIS Software Group Ltd (UK registration number 06295385), a company organised under the laws of the United Kingdom (hereinafter "IRIS"), providing of an app subscription service for viewing payslips and related PAYE information in a digital format (the "Service"). The Service is made available via IRIS's mobile application (the "Application") which can be downloaded from various mobile app stores.

1.2 In order to use the Service you must have been paid through IRIS's Payrite software, your payslips must have been uploaded to IRIS's server, and have a smart phone/tablet.

1.3 These Terms and Conditions of Use (the "Agreement") apply between you and IRIS when using the Application and/or Service regardless of whether you have purchased the Service (see section 4.1 below) or it has been made available to you free of charge (see further in section 3).

2.1 To gain access to the Service you must accept and agree to the entire Agreement and create a user account ("User Account") by registering certain personal data (including but not limited to National Insurance Number, etc.), answer some security questions, and choose a password.

2.2 You will get access to the Service by:

2.3 By registering a User Account you acknowledge and agree to the terms of the Agreement and you are also giving your consent for IRIS to process your personal data in accordance with IRIS's privacy policy (the "Privacy Policy").

2.4 By logging on to the Application with your User Account you can access, as well as download, the Content included in the Subscription you have chosen.

2.5 From time to time you are responsible for updating your Mobile Device with the latest software program that is needed in order to access the Service.

2.6 You are responsible for submitting complete, true and correct information and for making sure such information is kept up to date. IRIS does not have any obligation to make any inquiries to assess the accuracy of the information provided. Your security information shall be stored securely. You are responsible for all use of the Service that occurs under your User Account. If your password is lost or stolen or if you have any reason to believe that there has been an unauthorised access to your User Account, please change your password as soon as possible.

3.1 For the period immediately following the creation of the User Account a trial period may be available prior to the user being required to purchase a Subscription.

3.2 It may be that your use of the Application and Service has been funded and paid for by your employer in which case you will not be required to purchase a Subscription while this remains the case.

4.1 By creating a User Account and accepting this Agreement, you expressly accept and approve that you have immediate access to the Service, which means that you do not have any right of withdrawal from the Agreement because the Service is delivered immediately to you. You agree and approve that you do not have any right of withdrawal except as provided for in accordance with section 6 below.

5.1 For Subscriptions purchased within the application IRIS offers ongoing Subscriptions against payment in advance of a fixed fee each year.

5.2 If payment is required from the user for the Subscription then it is taken using the method set up within your mobile app store.

5.3 The price for each Subscription (the "Fee") is published within the application and is visible during the checkout process. All prices include value added tax (VAT) (where applicable). By subscribing to a Subscription for a specific country you are confirming that you live and pay tax in such country.

5.4 Please note that you are always responsible for all internet fees and fees for mobile data that may apply when using the Service.

5.5 The Fee is thereafter charged annually in advance, in accordance with your mobile application store's billing policy until you end the Subscription in accordance with section 6 below.

5.6 In order to receive continuous access to the Content, you are required to ensure that you have paid the Fee according to the payment method that applies to the Subscription in question. You will automatically cease to have access to the Content if the Fee has not been paid.

5.7 IRIS will automatically renew your subscription at the end of each subscription period (the "renewal Date") and, as authorised by you during the sign-up process, IRIS will use your mobile application store's billing method (unless you cancel prior to the renewal date in accordance with section 6 below). Each subscription renewal period is typically for one (1) year.

6.1 You have the right, at any time, to terminate your Subscription via your mobile app store. If you cancel your Subscription, you will have access to the Service for the remaining period of the Subscription that you have paid for. After the end of the current Subscription period you will no longer have access to the Service and will no longer be able to access the Content. IRIS does not refund any Fee for the remaining Subscription Period.

6.2 IRIS has the right to suspend your access to the Service for your breach of this Agreement, or any applicable law or regulation.

6.3 Your access to the Service may also be temporarily suspended if the Fee cannot be charged for a reason beyond IRIS's control. When the Fee has been paid, your access to the Content in your Subscription will be reinstated.

7.1 IRIS continually strives to improve its Content and therefore reserves the right to update and/or change the Content made available in the Service and to make any changes or updates to the Service (or any part thereof), at any time. This may for example imply that Content which initially was available in your Subscription may no longer be made available or is deleted. IRIS will not refund any balance of pre-paid subscriptions as a result of the above during a current Subscription.

7.2 IRIS has the right to change the Fee for future Subscriptions due to changes or increased costs for providing the Content. Notifications regarding such price changes are provided in the Application. You have the right to terminate your Subscription at any time and to withdraw from this Agreement with effect from the end of the Subscription period for which you have already paid.

7.3 IRIS may from time to time make changes to this Agreement provided that the changes are reasonable for you under consideration of the interest of you and IRIS. In such case, you will be notified of such changes from within the Application. You always have a right to terminate this Agreement should you not agree to the changes made. The termination will be effective at the end of the current Subscription.

8.1 If you have any questions or problems with the Service, please contact those who are responsible for your payroll.

9.1 The content of the Service, including but not limited to text, graphics, logos, button icons, images, document, as well as the arrangement and compilations of these, all software used in the Service, and the Content, are the sole property of IRIS, IRIS's licensors, IRIS's licensees or suppliers (the "Intellectual Property"). The Intellectual Property is, or may be, protected by applicable international laws, including, without limitation, copyright and other laws and agreements that protect intellectual property and proprietary rights. You agree to comply with all such applicable laws and agreements, and not to alter, obscure or remove the notices regarding copyright or ownership rights in such Intellectual Property.

9.2 Trademarks, names and logos within the Service and Application are the property of their respective owners. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted or trademarked material is strictly prohibited without the express written consent of the copyright owner or licensor.

9.3 The software which is included in the Service and Application is licensed, and not sold, to you. By signing up for the Service you are given a personal, non-exclusive, non-transferable, non-assignable, non-sub-licensable right, which is limited in time, to use the software. IRIS retains ownership of all copies of the software, even after the software has been installed on your Mobile Device. IRIS has the right to assign this license or any part thereof to any third party without restrictions.

10.1 You acknowledge and understand that from time to time IRIS may issue updated versions of the Application and that IRIS may perform automatic electronic updates of the version of the Application that you are currently using in your Mobile Device. You consent to all such automatic updates in your Mobile Device and that this Agreement applies to all such updates.

10.2 In accordance with section 9 above, you are only granted a limited license to the Application. IRIS, IRIS's licensors, IRIS's lecensees and/or suppliers maintains ownership to the Application (and any copy of the Application). Standard fees for internet traffic may apply upon using the Application.

10.3 This section sets forth the additional terms and conditions that apply with respect to any Application that IRIS provides to you designed for use on an Apple iOS-powered Mobile Devices which are downloaded via App Store ("IRIS's iOS App"):

-- IRIS, and not Apple, is solely responsible for IRIS's iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to IRIS's iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to IRIS's iOS App or this Agreement.

-- You agree that IRIS, and not Apple, is responsible for addressing any claims by you or any third-party relating to IRIS's iOS App or your possession and/or use of IRIS's iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these terms and any law applicable to IRIS as provider of IRIS's iOS App.

-- You agree that IRIS, and not Apple, shall be responsible, to the extent required by this Agreement, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to IRIS's iOS App or your possession and use of IRIS's iOS App.

-- You agree that Apple and Apple's subsidiaries are third-party beneficiaries to this Agreement as they relate to your license of IRIS’s iOS App. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as they relate to your license of IRIS's iOS App as a third-party beneficiary thereof.

10.4 The following additional terms and conditions apply with respect to any Application that IRIS provides to you designed for use on an Android-powered mobile device ("IRIS's Android App"):

-- Google is only a provider of the Google Play where you obtained IRIS's Android App. IRIS, and not Google, is solely responsible for IRIS’s Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to IRIS’s Android App or this Agreement.

11.1 By registering your personal data upon registration of your User Account and accepting the Agreement and the Privacy Policy, you are giving your consent to IRIS's processing of your personal data in accordance with IRIS's Privacy Policy.

12.1 The Service is usually available round the clock, all days a week. However, IRIS cannot guarantee that the use of the Service will be uninterrupted or faultless. The Service may from time to time be completely or partially unavailable upon carrying out necessary backup copying, maintenance, improvements, security updates or the like.

13.1 If you send or transmit any communications, comments, questions, suggestions, or related materials to IRIS, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Website, Application or the Service, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and IRIS is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that IRIS is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

14.1 IRIS endeavors to provide the best service possible, however, you agree that the Service and the Content are provided to you on an "as is" "as available" and "where-is" basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. to the extent permitted by law, IRIS does not provide any warranties against viruses, spyware or malware that may be installed on your computer, tablet, smart phone or mobile device. Neither we, our licensors, or licensees, nor the suppliers can guarantee, expressly or by implication, that the Service or its Contents will meet your requirements and expectations or that the Service will be available without interruption, or be fast, secure or error-free.

14.2 You are solely responsible for your internet connection. IRIS is not at any time responsible for you not being able to download or otherwise access the Service or the Content. Content which is downloaded or otherwise obtained through the use of Service is available at your own risk and we are not responsible for any damage to your computer, smart phone, tablet or other device, or loss of data that occurs as a result of downloading or use of such material.

15.1 Nothing in these terms of use excludes or limits IRIS's liability for death or personal injury arising from its negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by mandatory law.

15.2 To the extent permitted by law, IRIS excludes all conditions, warranties, representations or other terms which may apply to the Services or any Content on it, whether express or implied.

15.3 To the extent permitted by law IRIS is not liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

15.4 IRIS will not be liable for:

15.5 IRIS's total aggregate liability for claims arising from your use of the service is limited to the subscription fee you pay to us in relation to the part of the service which has given rise to the claim over the last 12 months.

16.1 Where IRIS's Application contains links to other sites and resources provided by third parties, these links are provided for your information only. IRIS has no control over the contents of those sites or resources.

17.1 You are responsible for configuring your information technology, computer programmes and platform in order to access the Services and the Application. You should use your own virus protection software.

17.2 You must not misuse IRIS's Application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to IRIS's Application, the server on which they are stored or any server, computer or database connected to them. You must not attack IRIS's Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under applicable law. IRIS will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use IRIS's Services will cease immediately.

18.1 IRIS is entitled to transfer or assign all or parts of its rights and obligations under this Agreement. You are not entitled to transfer or assign any rights or obligations under this Agreement.

19.1 Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, this Agreement is subject to the laws of the United Kingdom, without regard to choice or conflicts of law principles.

19.2 Furthermore, you and IRIS agree to the exclusive jurisdiction of the courts of the United Kingdom to resolve any dispute, claim or controversy that arises in connection with this Agreement.

19.3 If any of the terms of this Agreement is found to be inconsistent with the applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. IRIS's failure to enforce any of the terms of Agreement is not a waiver of such term.