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RubyComm Terms of Purchase

Last updated: 25 July 2023


In these Terms and Conditions of Purchase ("Purchase Terms"), the following terms shall bear the meanings ascribed next to them:

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.

2. "Billing Agent" means an individual or a legal entity appointed by Customer to pay for Customer’s Orders on its behalf.

3. "Customer" means an individual or a legal entity purchasing a Product and/or services from RUBYCOMM.

4. "RUBYCOMM" means RUBYCOMM LTD an Israeli company (Registration Number 516563897), with its registered office at Moshe Neria 1, Rehovot Israel.

5. "Product(s)" means any software program, software as a service or hardware, or a combination thereof, made available by RUBYCOMM, unless otherwise expressly stated in these Purchase Terms. The use of the Product by the Customer is governed by the applicable Terms of Use.

6. "RubyComm Website" means any website that is the property of RUBYCOMM including but not limited to everything hosted under the domains

7. "Terms of Use" mean 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.

8. "Privacy Policy" means the RUBYCOMM Privacy Policy available at the legal section of the RUBYCOMM website Legal | RubyComm which may be updated from time to time: 

9. "Personal Data" means any information relating to an identified or identifiable natural person.

10. "Order" means an order form, purchase order or approved quotation for a Product and/or any other commercial agreement executed between a Customer and RUBYCOMM with respect to the Product.

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.


A Customer may place an Order with RUBYCOMM by email using the appropriate contact information or online through the RubyComm Website or otherwise as agreed between the Customer and RUBYCOMM. 

Order details shall be in English. A Customer can 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.

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:

  1. Failed payment;

  2. Growing backlog or negative payment history;

  3. Incomplete or incorrect order details, such as missing email address for delivery, missing Customer billing address, or a pricing or product description error, among others;

  4. For any other reason at the sole discretion of RUBYCOMM.

Any additional or conflicting terms on an Order will not apply unless specifically agreed to in a separate written agreement signed by RUBYCOMM.


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, GBP or ILS. 

RUBYCOMM accepts major debit and credit cards (collectively, "Payment Cards") for online orders via third-party payment gateway providers, including, but not limited to PayPal. 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.

In relation to payment by card or any other form of payment agreed in writing with RUBYCOMM on a monthly, quarterly or annual basis ("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. The Customer agrees that the payment card specified by the Customer for Recurring Payments 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 Customer’s credit card limit, or sufficient funds in the account linked to the Customer’s debit card, as applicable, to make Recurring Payments. The Customer can cancel Recurring Payments at any time by sending a written e-mail notice to RUBYCOMM Customer support at  The cancellation will not take effect until the following Recurring Payment due date, and no refund or partial refund will be issued to the Customer by RUBYCOMM.

In the event that the Customer leases the hardware equipment of RUBYCOMM, the Customer must return the hardware equipment to RUBYCOMM in a good working order and without any damages and/or harm once the leasing transaction ends. Otherwise, RUBYCOMM shall charge the Customer with the cost of such hardware equipment in accordance with RUBYCOMM's standard price-list that shall be in effect at such time. 

Unless specified otherwise in a separate commercial agreement between the Customer and RUBYCOMM, in relation to other forms of payment, RUBYCOMM will only accept orders from existing Customers that have no outstanding payments past due. Orders can be paid by wire transfer or by Payment Cards (as defined above), unless otherwise specified by RUBYCOMM. Any offline or online Orders from newly registered Customers are subject to advance payment.

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.


Product prices do not include any national, state, or local sales tax, use tax, value added tax (VAT), goods and sales tax (GST), digital services tax (DST) or other tax ("Taxes").

If a purchase is subject to any Taxes, that Taxes can be added to the invoice.

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.

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.

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.

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.


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 to, at its sole discretion, 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.

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. 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.


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.

Unless the Customer was subject to a trial period, any Customer has the right to withdraw from the Product purchase contract (as specified in the relevant Order) within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of purchase (the day of conclusion of the Order). If the Customer was subject to a trial period longer than 14 days, this time frame will be counted as the withdrawal period itself.

To exercise the right of withdrawal, the Customer must inform RUBYCOMM of the decision to withdraw from the purchase by an unequivocal e-mail statement. Upon receipt of such e-mail, RUBYCOMM will communicate an acknowledgment of receipt of such a withdrawal by e-mail without delay.

Upon exercising a withdrawal option and unless agreed otherwise by the parties in writing, if any hardware has been delivered to the Customer’s premises or is in transit to the Customer’s premises, the Customer is required to return at its own expense to RUBYCOMM’s main office in Israel (unless specified otherwise in writing by RUBYCOMM) any and all hardware equipment belonging to RUBYCOMM by a reliable courier service (e.g. Federal Express, DHL) or freight forwarding company. Without derogating from the above, it is clarified that in order to receive a refund for any hardware equipment purchased, the Customer must return such hardware equipment to RUBYCOMM in a good working order and without any damages and/or harms. 

To meet the withdrawal deadline, it is sufficient to send the communication concerning exercise of the right of withdrawal before the withdrawal period has expired. RUBYCOMM shall reimburse to Customer all payments received without undue delay and in any event not later than 14 business days following the receipt by RUBYCOMM of the hardware equipment from the Customer. Customer will not incur any fees as a result of such reimbursement.

If a Product shows any defects or does not function properly, the Customer is required to contact RUBYCOMM customer support by email. RUBYCOMM shall endeavor to reply no later than two business days to such Customer inquiries.

For Product / Sales support:

In the event of defective hardware, the Customer has the right to request:

  1. That any hardware be replaced free of charge without undue delay;

  2. If the replacement and/or removal is not possible, an appropriate discount corresponding to the actual malfunction of the Product and/or the Product price.


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.

These Purchase Terms are subject to change at any time by RUBYCOMM by posting the updated Purchase Terms on the RubyComm Website.

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.

These Purchase Terms shall be exclusively governed by the laws of the State of Israel, without reference to conflict of laws principles, and the parties agree that any litigation relating to these Purchase Terms may only be brought in, and shall be subject to the exclusive jurisdiction of, any Court of the State of Israel. 

Upon mutual agreement, any disputes between RUBYCOMM and a Customer can alternatively be settled out of court through a reputable Alternative Dispute Resolution (ADR) entity.

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.

RUBYCOMM reserves the right (and Customer grants its consent with it) 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’s consent, to any RUBYCOMM Affiliate. 


In connection with the purchase of the Products by the Customer, RUBYCOMM will process Customer’s Personal Data, in particular, Customer’s contact and identification details and information about Customer’s subscription and payments, for the following purposes:

  1. To provide Customer with software services or information;

  2. To protect RUBYCOMM from piracy and unlawful use of RUBYCOMM Products;

  3. To improve RUBYCOMM offerings based on usage;

  4. For internal evidence of RUBYCOMM and to protect the rights and interests of RUBYCOMM and other users;

  5. To promote and market RUBYCOMM Products to the Customer; and

  6. To fulfill legal duties stipulated by accounting, taxation and other laws.

The Customer may object to the processing of Customer’s Personal Data for purpose 5 above at any time. More detailed information about Personal Data processing for the above mentioned purposes and about Customer’s rights can be found in the Privacy Policy in the legal section of the RUBYCOMM website: Legal | RubyComm.  

For the above purposes, RUBYCOMM may process information including but not limited to Customer’s name, email address, username, physical address, telephone number, payment data, company name, and tax identification number where applicable. 

Transfer of Personal Data to third parties: RUBYCOMM is responsible for the handling of the Customer’s Personal Data by any third party on behalf of RUBYCOMM. Such a transfer of data is made to assist it in providing its services to Customer or in its operations; Personal Data collected from Customer may be transferred to:

  1. A third-party payment provider to process payment transactions;

  2. A third-party accounting service;

  3. Resellers who are handling purchases of RUBYCOMM products in a certain region; 

  4. Other representatives of the same Customer. 

RUBYCOMM may communicate with Customers by sending them emails aiming to help avoid interruption of a service. Such examples may include but are not limited to:

  1. Payment reminders;

  2. Debt reminders;

  3. License expiration reminders;

  4. License delivery and confirmation emails;

  5. Credit card expiration reminders about cards saved for automatic payments for licenses;

  6. Purchase follow-ups requesting information about Customer’s company for enhancement of customer service;

  7. License assignment emails;

  8. Administrator invitation emails; and

  9. Purchase administration requests.

For any questions regarding these Purchase Terms, please contact RUBYCOMM customer support at

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