RubyComm
Terms of Purchase
Last updated: 16 December 2025
1. Definitions
In these Terms and Conditions of Purchase ("Purchase Terms"), the following terms shall bear the meanings ascribed next to them:
1.1 "Affiliate" means, with respect to any entity, any other entity that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with such entity; "control" for such purposes means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person or entity, whether through the ownership of voting securities, by contract or otherwise.
1.2 "Billing Agent" means an individual or a legal entity appointed by Customer to pay for Customer's Orders on its behalf.
1.3 "Customer" or "Product Purchaser" means an individual or a legal entity purchasing, leasing or licensing a Product and/or services from RUBYCOMM.
1.4 "RUBYCOMM" or "Company" or "we" or "us" means RUBYCOMM LTD, an Israeli company (Registration Number 516563897), with its business address at 26 Zarchin Alexander Street, Ra'anana 4366150, Israel.
1.5 "Hardware" means any physical device, appliance or equipment manufactured, sold or leased by RUBYCOMM, including but not limited to the Rubyk-OT device, Rubyk WiFi device, Rubyk Print device, Rubyk X device and any related hardware components, accessories or peripherals.
1.6 "Software" means any software application, platform, firmware or service provided by RUBYCOMM, whether embedded in Hardware, provided as a standalone application, delivered as Software-as-a-Service (SaaS) or made available for download, including but not limited to any upgrades, updates, revisions, patches, new versions or releases thereof.
1.7 "Product" means any Hardware, Software or combination thereof, made available by RUBYCOMM for purchase, lease or license. The use of the Product by the Customer is governed by the applicable Terms of Use.
1.8 "Order" or "Commercial Agreement" means an order form, purchase order, approved quotation, subscription agreement and/or any other commercial agreement executed between a Customer and RUBYCOMM with respect to the Product.
1.9 "RubyComm Website" means any website that is the property of RUBYCOMM, including but not limited to everything hosted under the domains at www.rubycomm.com.
1.10 "Terms of Use" means the terms and conditions applicable for the use of each Product, including end-user license agreement, subscription terms, terms of service or other standard customer agreements set forth by RUBYCOMM and applicable to any Product in addition to these Purchase Terms, available at www.rubycomm.com/legal.
1.11 "Privacy Policy" means the RUBYCOMM Privacy Policy available at www.rubycomm.com/legal, which may be updated from time to time.
1.12 "Personal Data" means any information relating to an identified or identifiable natural person.
1.13 "Engagement Data" means all data and/or information of the Customer and/or its employees and/or personnel, provided to RUBYCOMM by the Customer and used for engagement with the Customer such as technical support contact, billing information and contact information.
1.14 "Initial Term" means, for purchased Products, the first 12-month period commencing on the delivery date of the Product to the Customer, during which Software updates and/or upgrades, limited support and hardware warranty are included in the purchase price, unless otherwise specified in the Commercial Agreement.
1.15 "Lease Period" means the duration for which Hardware is leased to the Customer as specified in the Commercial Agreement.
1.16 "Subscription" means a time-limited right to access and use Software, typically provided on a monthly or annual basis, subject to payment of recurring fees.
The Customer accepts these Purchase Terms by placing an Order for a Product with RUBYCOMM. Orders placed by a Customer with a reseller of RUBYCOMM are subject to the terms and conditions of purchase set forth by such reseller, in addition to the RUBYCOMM Purchase Terms and/or Terms of Use.
2. Order Placement and Acceptance
2.1 A Customer may place an Order with RUBYCOMM by email using the appropriate contact information, online through the RubyComm Website or otherwise as agreed between the Customer and RUBYCOMM.
2.2 When feasible, order details shall be in English. A Customer may modify the Order details before acceptance of the Customer's Order by RUBYCOMM by submitting a written notice to RUBYCOMM. English is the preferred language for Order-related enquiries.
2.3 Any Order is not binding upon RUBYCOMM until accepted in writing by RUBYCOMM. Non-acceptance of an Order may be the result of any of the following: (a) failed payment; (b) growing backlog or negative payment history; (c) incomplete or incorrect order details, such as missing email address for delivery, missing Customer billing address, or a pricing or product description error; or (d) for any other reason at the sole discretion of RUBYCOMM.
2.4 Any additional or conflicting terms on an Order will not apply unless specifically agreed to in a separate written agreement signed by RUBYCOMM.
3. Prices and Payment Terms
3.1 General. These terms apply to Products offered to a Customer in return for a fee paid to RUBYCOMM. RUBYCOMM, at its sole discretion, sets the prices for Products in one of the following currencies depending on the Customer's country: USD, EUR or ILS.
3.2 Payment Methods. RUBYCOMM's preferred method of payment is bank wire transfer. Unless otherwise specified in the Commercial Agreement, all Orders should be paid by wire transfer to RUBYCOMM's designated bank account, details of which will be provided on the invoice. For the convenience of Customers, RUBYCOMM also accepts major debit and credit cards (collectively, "Payment Cards") for online orders via third-party payment gateway providers, including, but not limited to, PayPal. Orders from newly registered Customers are subject to advance payment unless otherwise agreed in writing.
3.3 Wire Transfer Instructions. For wire transfer payments, the Customer is responsible for: (i) ensuring payment is made to the correct bank account as specified on the invoice; (ii) including the invoice number or Order reference in the payment details; (iii) bearing all bank charges, including intermediary bank fees, so that RUBYCOMM receives the full invoiced amount; and (iv) providing proof of payment upon request. Payments are deemed received only when funds are credited to RUBYCOMM's bank account.
3.4 Payment Card Limitations. Where Payment Cards are used, RUBYCOMM is not responsible for any: (i) payment failure resulting from inaccurate Payment Card details provided by Customer when placing an online order; (ii) any restrictions applicable to Payment Card by Customer's bank or payment service provider; (iii) payment gateway failure; or (iv) misuse, abuse, unauthorized use or fraudulent use of Payment Cards.
3.5 Recurring Payments. In relation to payment by wire transfer, card or any other form of payment agreed in writing with RUBYCOMM on a monthly, quarterly or annual basis ("Recurring Payments"), the following applies: (a) for wire transfer Recurring Payments, RUBYCOMM will issue invoices in advance of each payment due date, and the Customer shall remit payment by wire transfer within the timeframe specified on the invoice; (b) for Payment Card Recurring Payments, by purchasing a Product requiring regular payments, the Customer authorizes RUBYCOMM to charge the Customer's payment card automatically at the interval and in the amount selected by the Customer based on the available options during the purchase process. For Payment Card Recurring Payments, the Customer agrees that the payment card specified is, and will continue to be, an account that Customer owns or is otherwise legally authorized to use, and that the Customer will maintain sufficient availability under the credit card limit, or sufficient funds in the account linked to the debit card, as applicable, to make Recurring Payments.
3.6 Cancellation of Recurring Payments. The Customer may cancel Recurring Payments by sending a written e-mail notice to RUBYCOMM at accounts@rubycomm.com at least sixty (60) days prior to the next Recurring Payment due date. Cancellation notices received less than sixty (60) days before the next payment due date will take effect on the subsequent payment due date. No refund or partial refund will be issued to the Customer by RUBYCOMM for any billing period that has already commenced or for which payment has already been processed.
3.7 Late Payment. Any payments more than thirty (30) days overdue will accrue interest at the highest rate permissible by applicable law.
3.8 Billing Agent. In selected countries and territories, the Customer may choose to appoint a Billing Agent to pay for Orders placed by the Customer on its behalf. In such cases, the Customer remains RUBYCOMM's sole contractual counterparty, with rights and obligations as set out in these Purchase Terms and the applicable Terms of Use.
4. Taxes and Deductions
4.1 Product prices do not include any national, state or local sales tax, use tax, value added tax (VAT), goods and services tax (GST), digital services tax (DST) or other tax ("Taxes"). If a purchase is subject to any Taxes, such Taxes will be added to the invoice.
4.2 RUBYCOMM reserves the right to use any global service provider as its designated billing representative to invoice the Customer. Notwithstanding the foregoing, RUBYCOMM remains the Customer's counterparty and no other provisions of these Purchase Terms shall be affected.
4.3 If there is a possibility to issue the invoice without Taxes, the Customer is obliged to provide RUBYCOMM with a valid Tax number (e.g., VAT ID) or valid exemption documentation.
4.4 The Customer bears the sole responsibility for any withholding tax liabilities, and no deductions shall be made by the Customer from the amount payable to RUBYCOMM or its designated billing representative under any invoice. If the Customer is required by law to deduct or withhold any Taxes from any amount payable hereunder, then the amount payable hereunder shall be increased so that after making all required deductions and/or withholdings, RUBYCOMM receives a net amount equal to the amount it would have received had no such deductions or withholdings been made.
4.5 Any correction to an invoice for tax reasons (in particular based on the provision of the Customer's Local Tax number) shall be requested by Customer by the 7th day of the month following the month when the affected invoice was issued, at the latest. RUBYCOMM reserves the right to request any supporting document relating to the requested correction and/or reject any such request if received after this date.
5. Product Delivery
5.1 Hardware Delivery
5.1.1 The Customer is responsible for providing RUBYCOMM with a valid physical address for the delivery of any Hardware and a valid email address to confirm physical deliveries.
5.1.2 Risk of loss and title to purchased Hardware shall pass to the Customer upon delivery. For leased Hardware, title shall remain with RUBYCOMM at all times; only the risk of loss passes to the Customer upon delivery.
5.1.3 Delivery dates are estimates only. RUBYCOMM shall not be liable for any delays in delivery.
5.2 Software Delivery
5.2.1 The Customer is responsible for providing RUBYCOMM with a valid e-mail address that shall be used by RUBYCOMM for sending updates and/or notices regarding the Product, including notices with respect to version updates, security patches, license keys and service announcements.
5.2.2 For downloadable Software, any details necessary to enable the Customer to download the Software and/or Software updates shall be delivered by RUBYCOMM to the Customer via email to the email address provided by the Customer.
5.2.3 For SaaS Products, access credentials and connection information shall be provided to the Customer following acceptance of the Order and payment of applicable fees.
5.2.4 For electronic deliveries, the Customer must have an Internet connection in order to receive any deliveries including Software downloads, updates and/or upgrades.
6. Warranty and Support
6.1 Warranty Period. Unless otherwise agreed in the Commercial Agreement: (a) for purchased Products, Software updates and/or upgrades, limited support and hardware warranty are included solely for the Initial Term (12 months from delivery); (b) for leased Products, Software updates and/or upgrades, limited support and hardware warranty are included for the entire duration of the Lease Period, provided that all lease fees are paid in full and on time; (c) for Subscription Products, support is included for the duration of the active subscription period.
6.2 Post-Initial Term. Following the expiration of the Initial Term for purchased Products, the provision of Software updates and/or upgrades, support services and/or hardware warranty shall be subject to the payment of maintenance or license fees, as determined solely by RUBYCOMM.
6.3 Hardware Warranty Claims. As a condition for receiving a replacement unit under the hardware warranty, the faulty unit must first be delivered, at the Customer's sole expense, to the nearest RUBYCOMM office. The transportation and delivery costs of the replacement unit to the designated site shall likewise be borne solely by the Customer.
6.4 Defective Products. If a Product shows any defects or does not function properly during the applicable warranty period, the Customer is required to contact RUBYCOMM customer support by email at support@rubycomm.com. RUBYCOMM shall endeavor to provide an initial response within two (2) business days. In the event of defective Hardware, the Customer has the right to request: (a) that any Hardware be replaced free of charge without undue delay; or (b) if the replacement is not possible, an appropriate discount corresponding to the actual malfunction of the Product.
6.5 Warranty Exclusions. The warranty does not cover any Product or part thereof which has been subject to abuse, misuse, accident, alteration, modification, neglect, unauthorized repair or unauthorized installation. RUBYCOMM shall not be obligated to provide any Software updates, upgrades, support services or hardware warranty if the required fees are not paid.
6.6 Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION AND IN THE TERMS OF USE, ALL PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE WARRANTIES AND REMEDIES SET FORTH IN THE TERMS OF USE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES.
7. Leased Hardware
7.1 Title. For leased Hardware, title to such Hardware shall remain with RUBYCOMM at all times. The Customer shall not pledge, encumber or grant any security interest in leased Hardware.
7.2 Lease Period Termination. In the event that the Commercial Agreement does not define the Lease Period and/or does not define how to terminate it, then each of RUBYCOMM and/or Customer may terminate the Lease Period, for any reason, by 60-days prior written notice.
7.3 Return of Leased Hardware. Upon the termination and/or expiration of the Lease Period, RUBYCOMM shall, at its sole discretion, either:
(a) Require return of the Hardware, in which case: (i) the Customer shall return the Hardware to RUBYCOMM, at the Customer's expense, within fourteen (14) business days of receiving RUBYCOMM's return instructions; (ii) the Hardware must be returned in good working condition, subject to reasonable wear and tear; and (iii) failure to return the Hardware within the specified timeframe, or return of damaged Hardware, shall result in RUBYCOMM charging the Customer the full cost of such Hardware in accordance with RUBYCOMM's standard price-list then in effect; or
(b) Waive the return requirement, in which event the Customer shall be responsible for the proper disposal of the Hardware in accordance with all applicable environmental laws and regulations, including any electronic waste disposal requirements.
RUBYCOMM will notify the Customer in writing of its decision regarding return or disposal within thirty (30) days of the termination or expiration of the Lease Period. Until such notification is received, the Customer shall retain the Hardware in good condition.
7.4 Condition of Returned Hardware. Hardware must be returned with all original accessories, cables and components. Hardware returned with missing components or damage beyond reasonable wear and tear will be subject to additional charges.
8. Subscription Products
8.1 Subscription Term. For Software licensed on a Subscription basis, including SaaS Products, the license shall be in effect for the subscription period specified in the Commercial Agreement.
8.2 Auto-Renewal. Subscriptions shall automatically renew for successive periods of the same duration unless either party provides written notice of non-renewal at least sixty (60) days prior to the end of the then-current subscription period, or unless otherwise specified in the Commercial Agreement.
8.3 Subscription Fees. Subscription fees are due in advance for each subscription period. RUBYCOMM reserves the right to adjust subscription fees upon renewal by providing at least thirty (30) days prior written notice.
8.4 Termination of Subscription. Upon termination or expiration of a Subscription, access to the Product will be discontinued. The Customer is responsible for exporting any data prior to termination.
9. Suspension for Non-Payment
9.1 If a Customer fails to pay any amount on time under any Order and/or these Purchase Terms and/or the applicable Terms of Use, or any other agreements the Customer entered into with RUBYCOMM, RUBYCOMM reserves the right, at its sole discretion, to immediately suspend the Customer's access to all RUBYCOMM Products until such time as RUBYCOMM is satisfied that all payments have been made, or terminate the Customer's right to use RUBYCOMM Products in the manner specified in the applicable Terms of Use.
9.2 If RUBYCOMM suspends the Customer's access to RUBYCOMM Products as a result of failure to, or delay in, payment of any amount, the Customer must pay the entire outstanding amount in order to restore its access to RUBYCOMM Products.
9.3 During any period of suspension, the Customer hereby agrees that RUBYCOMM is entitled to charge the Customer for the entire period for which Customer has placed an Order for subscription, if applicable, to RUBYCOMM Products. Subscription fees shall continue to accrue during any suspension period.
10. Refunds
10.1 Refunds. Any refund request following the Product purchase date will be subject to prior authorization by RUBYCOMM, and acceptance of such request shall be at the sole discretion of RUBYCOMM, unless otherwise provided by applicable law.
10.2 Pro-Rata Refunds. In the event of termination of this Agreement due to RUBYCOMM's material breach or IP infringement as described in the Terms of Use, the Customer shall be entitled to a pro-rata refund of the unamortized portion of the consideration paid, based on a thirty-six (36) month straight-line depreciation for Hardware, or a pro-rata refund of prepaid subscription fees for Subscription Products, calculated from the date the Product was delivered to the Customer.
11. Personal Data
11.1 Data Controller. RUBYCOMM LTD, located at 26 Zarchin Alexander Street, Ra'anana 4366150, Israel, is the data controller responsible for processing Customer's Personal Data in connection with the purchase of Products. For privacy-related inquiries, contact: dpo@rubycomm.com.
11.2 Data Collected. In connection with the purchase of the Products by the Customer, RUBYCOMM may process Engagement Data, which may include: Customer's name, email address, username, physical address, telephone number, payment data, company name, job title, tax identification number, license information and other information required for Order processing and Product delivery.
11.3 Purposes and Legal Basis. RUBYCOMM will process Customer's Personal Data for the following purposes:
(a) To process Orders and provide Products and services (Legal basis: Contract performance);
(b) To provide Software updates, upgrades and technical support (Legal basis: Contract performance and legitimate interest);
(c) To protect RUBYCOMM from piracy and unlawful use of RUBYCOMM Products (Legal basis: Legitimate interest);
(d) To improve RUBYCOMM offerings based on usage (Legal basis: Legitimate interest);
(e) For internal evidence and to protect the rights and interests of RUBYCOMM (Legal basis: Legitimate interest);
(f) To promote and market RUBYCOMM Products to the Customer (Legal basis: Legitimate interest; you may object at any time);
(g) To fulfill legal duties stipulated by accounting, taxation and other laws (Legal basis: Legal obligation).
11.4 Right to Object. The Customer may object to the processing of Customer's Personal Data for marketing purposes (purpose (f) above) at any time by contacting dpo@rubycomm.com.
11.5 Data Retention. RUBYCOMM retains Engagement Data for the duration of the business relationship plus seven (7) years thereafter, or as required by applicable law for tax and accounting purposes.
11.6 Recipients and Transfers. RUBYCOMM may transfer Personal Data to the following categories of recipients:
(a) Third-party payment providers to process payment transactions;
(b) Third-party accounting and financial services;
(c) Authorized resellers handling purchases of RUBYCOMM Products in certain regions;
(d) Other representatives of the same Customer;
(e) Service providers assisting with Product delivery, hosting and support;
(f) Professional advisors and auditors;
(g) Authorities where required by law.
Data may be transferred to countries outside Israel such as the EEA or Canada, including the United States. Such transfers are protected by appropriate safeguards as described in the Privacy Policy.
11.7 Data Subject Rights. Subject to applicable law, Customers have the right to: (a) access their Personal Data and obtain a copy; (b) request correction of inaccurate or incomplete data; (c) request deletion of data (subject to legal retention requirements); (d) restrict or object to processing; (e) data portability (where technically feasible); (f) withdraw consent for marketing at any time; and (g) lodge a complaint with a supervisory authority (in the EU: your local data protection authority; in Israel: the Privacy Protection Authority; in Canada: the Office of the Privacy Commissioner). To exercise these rights, contact: dpo@rubycomm.com.
11.8 Transactional Communications. RUBYCOMM may communicate with Customers by sending emails necessary for service delivery, including but not limited to: payment reminders, debt reminders, license expiration reminders, license delivery and confirmation emails, credit card expiration reminders, purchase follow-ups, license assignment emails, administrator invitation emails and purchase administration requests.
11.9 Additional Information. More detailed information about Personal Data processing and Customer's rights can be found in the Privacy Policy at www.rubycomm.com/privacy-policy.
12. Limitation of Liability
12.1 TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT WILL RUBYCOMM BE LIABLE UNDER ANY LEGAL THEORY FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES WHATSOEVER ARISING FROM OR RELATED TO THE PURCHASE OF ANY PRODUCT OR THESE PURCHASE TERMS, INCLUDING DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL OR BUSINESS INTERRUPTION, HOWEVER CAUSED, EVEN IF RUBYCOMM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 RUBYCOMM'S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES ARISING FROM OR RELATED TO THESE PURCHASE TERMS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CUSTOMER, IF ANY, TO US FOR THE PURCHASE, LEASE OR SUBSCRIPTION OF THE APPLICABLE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12.3 Additional limitations of liability relating to Product use are set forth in the applicable Terms of Use.
13. Miscellaneous
13.1 Entire Agreement. No terms and conditions other than the terms and conditions contained herein and/or in the Terms of Use and/or Privacy Policy and/or an Order approved in writing by RUBYCOMM shall be binding upon RUBYCOMM, unless explicitly accepted by RUBYCOMM in writing and signed by a duly authorized representative of RUBYCOMM. If the Customer's terms and conditions of purchase are different from, or are in addition to, these Purchase Terms, these Purchase Terms shall prevail and Customer's terms are hereby rejected, unless otherwise explicitly agreed in writing by RUBYCOMM. In the event of inconsistency between these Purchase Terms and the Terms of Use, the Terms of Use shall prevail with respect to Product usage, and these Purchase Terms shall prevail with respect to purchasing and payment matters.
13.2 Amendments. These Purchase Terms are subject to change at any time by RUBYCOMM by posting the updated Purchase Terms on the RubyComm Website. Material changes will be communicated to Customers through the RubyComm Website.
13.3 Legal Review. The Customer declares having had sufficient opportunity to review these Purchase Terms, understood the content of all of their clauses and sought independent professional legal advice in that respect, before accepting these Purchase Terms. Consequently, any statutory "form contracts" ("adhesion contracts") regulations shall not be applicable to these Purchase Terms.
13.4 Governing Law and Jurisdiction. These Purchase Terms shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of Israel. The competent courts in Tel-Aviv-Jaffa, Israel shall have sole and exclusive jurisdiction regarding any dispute or claim arising hereunder.
13.5 Alternative Dispute Resolution. Upon mutual agreement, any disputes between RUBYCOMM and a Customer may alternatively be settled out of court through a reputable Alternative Dispute Resolution (ADR) entity.
13.6 CISG Exclusion. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the purchase of the Product and/or to these Purchase Terms.
13.7 Assignment. RUBYCOMM reserves the right to assign or otherwise transfer the agreement based on these Purchase Terms or any rights or obligations under these Purchase Terms, in whole or in part, without further Customer consent, to any RUBYCOMM Affiliate or successor entity, provided that the Customer's rights shall not be prejudiced. The Customer may not assign these Purchase Terms without RUBYCOMM's prior written consent.
13.8 Severability. If any provision of these Purchase Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Purchase Terms shall otherwise remain in full force and effect and enforceable.
13.9 Force Majeure. Neither party shall be liable for any failure or delay in performing its obligations under these Purchase Terms, other than payment obligations, due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, natural disasters, epidemics, pandemics, government actions, labor disputes, cyberattacks or failures of third-party services.
13.10 Export Compliance. The Customer acknowledges that Products may be subject to export control laws and regulations of Israel, the United States, and other jurisdictions. The Customer agrees to comply with all applicable export control laws and not to export, re-export, or transfer any Product to any prohibited destination, entity or person without appropriate government authorization.
13.11 Notices. Any notice required or permitted hereunder shall be in writing and delivered to the address specified in the Commercial Agreement or such other address as designated by written notice. Notices shall be effective on the business day sent if delivered personally or via email, or four (4) business days after post-marking if sent by certified or registered mail.
For any questions regarding these Purchase Terms, please contact RUBYCOMM at:
General Inquiries: info@rubycomm.com
Privacy Inquiries: dpo@rubycomm.com