Product and Service Terms

  1. Overview
    1. These terms (Terms) govern your relationship with Rubens Technologies Pty Ltd ACN 627 770 085 (us, our) that apply when you access or use in any way:
      1. our online services via our website at (Site) and via our mobile or desktop applications (Applications), collectively referred as our “Services” and
      2. any physical product we supply (Products) that may contain our technology (Product Software) and which either work in conjunction with the Services or operate as a standalone Product;
    2. If you purchase a standalone Product, clauses 3, 4, 6, 7 and 8 do not apply to the use of that Product. Otherwise, our Products and Services are designed to be used together.
    3. By clicking “I Agree” to these Terms, installing an Application, setting up a user account, or by accessing and using the Services or Products you expressly agree to, and consent to be bound by these terms on behalf of yourself or the entity you represent. You represent and warrant that you have the right, authority, and capacity to accept and agree to these Terms on behalf of yourself or the entity you represent.
    4. If you do not agree to all these terms, you should not use the Services or the Products. We may update these terms at any time. If we do, we will notify you and your continued use of the Services and/or Products will indicate your acceptance of the revised terms.
    5. Our Privacy Policy and any other legal notices provided via the Service are incorporated by reference into these Terms and you are agreeing to accept and abide by them by using the Services.
  2. Terms and Termination
    1. These Terms remain in effect as long as you continue to use the Services or Products, or until terminated in accordance with the provisions of these Terms.
    2. You may stop using our Services or Products any time.
    3. We may suspend or terminate your use of our Services if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services.
    4. We may also change or remove at any time any features currently offered as part of the Services, or the Services themselves, by giving reasonable notice of any changes and allow you the opportunity to withdraw from the Services. Upon termination, your account and right to use the Services will automatically terminate.
  3. Accounts
    1. Creating an account with us allows you to use the Products and Services. You must be at least 18 years old to create an account. We reserve the right to decline registration or to cancel an account at any time.
    2. When you create an account, we will collect, store and disclose your information in accordance with our Privacy Policy, which is incorporated into these Terms.
    3. You must keep any account password confidential and are entirely responsible if you do not maintain such confidentiality. You must immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses the Site.
    4. We may allow multiple persons to access an account (Users), each of whom will also be bound by these Terms.
    5. You warrant that all information you provide in your account is accurate and up to date and you will promptly inform us of any changes.
    6. We may without notice suspend or close your account if you (or someone accessing your account) is in breach of these Terms or we reasonably suspect such a breach has occurred or will occur.
  4. Grant of Access and End-User Licence
    1. We operate the Site, which we provide for your personal use only via standard web and mobile internet browsers. Access to the Site may be suspended, restricted or terminated at any time.
    2. You must not, and not allow others to use or permit anyone else to access the Site or any Application:
      1. to upload, send or receive any defamatory, unlawful, abusive or pornographic material or material that infringes the rights of third parties;
      2. to upload, send or receive any material which is technically harmful, limits the functionality of software or hardware or intended to intercept communications;
      3. for any purpose that is unlawful or fraudulent, involves resale of the Services, attempts to access unauthorised data or configurations or interferes with the functionality of the Services;
      4. to send unsolicited mail messages, with any robot, spider or similar manual or automatic tool or process for any reason without our written consent use the Site; or
      5. in breach of these Terms.
    3. We do not warrant that the Site or the Applications will be available at all times or are free from viruses.
    4. Where the Site or Application contains links to third party sites, we have no control over, do not accept, and we assume no responsibility for the content or products of such third-party sites.
    5. We may temporarily suspend your access to the Services, or a specific Application or Service without notice for security reasons, system failure, maintenance and repair, or other similar circumstances. To the fullest extent permitted by law you agree that you will not be entitled to any refund or rebate for such suspensions.
    6. Subject to these Terms, we grant you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Product Software and the Services by:
      1. using the Products and Services for the purpose of, receiving and analysing data from the Products you own or are authorized to control or otherwise accessing a Service explicitly provided by us for your use (Permitted Purpose),
      2. installing and using our Applications on your own personal or business device solely for the Permitted Purpose.
  5. Updates
    1. From time to time, we may develop bug fixes, patches, new functionality, updates, upgrades and other modifications to improve the performance of the Services and/or the Products (Updates).
    2. Updates may be automatically installed without providing any additional notice or receiving any additional consent. We may ask you to install Updates yourself, and you agree to promptly install any Updates provided by us.
    3. Updates are subject to these Terms together with any additional terms that may be provided with such Update. Your continued use of the Service and Product following such Update is your agreement to all such additional terms.
  6. Spectral Data and Content
    1. In the course of using our Products and Services spectral data obtained through our sensors (Spectral Data) is collected by us in order to provide you with the Services, to develop and improve our calibration models for all users of the Service and to be aggregated to allow benchmarking.
    2. We own all Spectral Data collected in the performance of the Services, and grant you a limited, non-exclusive licence to use that data for your internal business use and enjoy the benefit of the Services.
    3. In addition, certain materials may be displayed or performed on the Services including, but not limited to text, data, graphics, images, video, audio, photographs, articles, and other materials (Content).
    4. The Content may be owned by us or by others, including other users of the Services or our third-party partners. Use of the Services does not confer ownership rights to the Content. Except as may be expressly granted by us, you may use the Content solely for the Permitted Purpose in connection with the Services.
    5. You represent and warrant that you have all rights to Content you give us in the course of using the Services and you grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable and transferable right to access, display, reformat, modify, create derivative works of, excerpt, translate, distribute or otherwise use such Content in connection with providing the Services.
  7. Links to Other Services
    1. The Services may be used in connection with other products and services, and may contain links and interfaces to, as well as content and data from, third-party websites, apps, products and services (Other Services).
    2. Any links and interfaces are provided solely as a convenience to you. Any access to our application program interface (API) is governed by our API Terms.
    3. By accessing or using these Other Services, you are consenting to the creation of an interface with such Other Services, and agreeing that we may exchange information and control data with such Other Services regarding you, your Users, your Products and use of the Services, including your and your Users’ personal information, in order to enable the Other Service interface and functionality, and its use by such Other Services.
    4. Once this information is shared with the Other Services, its use will be governed by the third party’s privacy policy and not by our Privacy Policy. Use of Other Services is governed by separate terms and conditions provided by the providers of the applicable product or service. You acknowledge and agree that we make no representation or warranty about the safety of any Other Services.
    5. Certain independent, third party code may be included in the Service that are subject to open source licenses (Open Source Software). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software, and you are responsible for compliance with these Terms and any applicable Open Source Software terms on our Site.
  8. Service Requirements
    1. Our Services are designed to work with:
      1. a working cellular data, WIFI network and/or Bluetooth® connection that is positioned or has sufficient coverage to communicate reliably with the Products and is connected to an always-on broadband Internet connection;
      2. a valid user account;
      3. a supported mobile phone electronic device, Android or iOS, with our Application installed and with a working cellular data connection (which is your responsibility);
      4. a working Product that is powered on.
    2. You acknowledge that the Services may not work as described when these requirements have not been met.
    3. Although the Site and Applications may be accessible worldwide, our Products and Services are not designed for use in all countries, and some or all of the features of the Service may not work or be appropriate for use in a particular country.
    4. We do not guarantee the Services will be available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond our control, including but not limited to Wi-Fi network intermittency, broadband Internet service provider uptime, mobile Internet service provider uptime, reliability of mobile smartphone notifications (such as “push” notifications), and reliability of other third-party products and services (such as satellite communications) to which our Services or Products may be integrated with. You acknowledge these limitations and agree that we are not responsible for any damages allegedly caused by the failure or delay of the Services.
  9. Products
    1. In addition to these Terms your purchase of a Product is governed by our Limited Warranty which will take precedence over these Terms to the extent of inconsistency in respect of the Product. The Limited Warranty does not apply to pre-release or test units.
    2. All Products are subject to availability and we reserve the right to reject all or part of an order and to discontinue Products without notice.
    3. Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted by us or shipped or that the price or availability of an item has been confirmed.
    4. The risk of loss for and title to Products passes to you upon delivery to the carrier.
    5. Generally, shipping is by standard delivery unless you specify an expedited delivery. Any shipping times shown on the Site are estimates only – actual delivery dates may vary.
    6. You must not, and not allow others to use or permit anyone else to use the Products to:
      1. License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Product except as expressly permitted by law;
      2. Attempt to probe, scan, or test the vulnerability of any products or breach any security or authentication measures, or
      3. Modify, make derivative works of, disassemble, reverse engineer, decompile or otherwise attempt to gain the source code for any Product except as expressly permitted by law;
      4. Access the Product in order to build a similar or competitive offering to us;
      5. Upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, or properties connected to the Product;
      6. Violate any applicable law or regulation.
  10. Prices and Payments
    1. The prices applicable to the Products and Services set out on the Site are in US Dollars, exclusive of any taxes, shipping and handling charges and may be changed by us at any time.
    2. You are responsible for paying all applicable fees and charges and paying any taxes applicable to your purchases from us. in connection with the Products and Services selected by you in accordance with these Terms.
    3. Only valid credit cards or other payment methods acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other methods.
    4. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts) to that card or other method.
    5. We may from time to time offer the subscription in connection with our Products or Services, including re-billable monthly subscriptions or other periodic subscriptions. With respect to subscription services subject to recurring periodic billing and/or automatic renewal, you agree that we may periodically submit charges to your designated method of payment without further authorization from you, until you provide prior notice to us that you wish to terminate this authorization or to change your method of payment. You agree to keep your contact information, billing information and credit card information (if applicable) up to date.
  11. Intellectual Property
    1. You acknowledge that the Services and Products incorporate confidential and proprietary information and you must not disclose it to any person without our consent. We will not unreasonably withhold consent in relation to the use of data generated through the use of the Services and Products for research purposes.
    2. All rights, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered (IPR) in the Site the Applications, the Products and the Product Software, including any database operated by us, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code (including applets and scripts) is our property (or that of our licensors). You shall not, and shall not attempt to, obtain any ownership or title to any such property. All rights are reserved.
    3. Other than for the purposes of accessing the Site in accordance with these Terms, none of the material listed above, in whole or in part, may be reproduced, distributed, copied, modified, distributed, published, downloaded, displayed, posted, performed or transmitted in any form or by any means, sold, rented, re-sold, licensed or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission.
    4. Any unauthorised use of the Services is strictly prohibited and will terminate the licence granted in these Terms. No licences or rights are granted to you by implication or otherwise, except for the licences and rights expressly granted to you.
  12. Indemnification
    1. To the fullest extent permitted by law, you agree to defend, indemnify, and hold us and our officers, directors, employees, affiliates, agents, licensors, and suppliers, harmless from and against any damages, claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting in connection with,
      1. your or your Users’ use of the Products, Licensed Software, Site, Applications or Services, including without limitation your negligence and wilful misconduct;
      2. you or your Users’ violation of law or third party right;
      3. your or your Users’ violation of these Terms; or
      4. your use or reliance upon Other Services, Third Party Sites.
  13. Warranty Disclaimers
    1. We will use reasonable care and skill in performing our obligations under these Terms.
    2. We accept liability for:
      1. death and personal injury caused by our negligence;
      2. our fraud;
      3. any implied contractual terms that cannot be excluded or limited under applicable law, including the Australian Consumer Law; and
      4. any loss that flows naturally from our breach of these Terms, however we limit such loss to an amount equal to the amount of the fees paid by you to us in the month in which the event giving rise to the loss occurred.
    3. Other than as specifically accepted in section 13.II above, we are not liable for any other losses or damages you may suffer, including any:
      1. loss caused by you or to the extent it results from your failure to take reasonable steps to avoid or minimise that loss;
      2. loss caused by event falling outside our reasonable control;
      3. indirect or consequential losses (including loss of revenue, profits, enjoyment or loss of business); or
      4. losses you might suffer as a result of any harmful code or viruses, the quality of data or unauthorised access to information we hold.
    4. Except as expressly stated in these Terms, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are excluded to the fullest extent permitted by law.
    5. Nothing in these Terms shall attempt to exclude liability that cannot be excluded under applicable law.
  14. Disputes
    1. If a dispute arises between you and us, our goal is to provide you with a cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting us, all legal notices and formal disputes should be sent to the address under ‘Notices’.
    2. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
  15. Notices
    1. Legal notices must be served (in the case of us) to: and (in the case of you), to the email address you provide to use during the registration process.
    2. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such a case, notice will be deemed given three days after the date of mailing.
  16. Miscellaneous
    1. We may amend these Terms at any time by posting such amendments online on the Site. You will be bound only to the version of the Terms you agreed to at the time you purchase a Product or Service.
    2. Nothing in these Terms shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
    3. You may not assign or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign all or any of our rights and or delegate or sub-contract our obligations under these Terms to any person.
    4. We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.
    5. No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults.
    6. Notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail or in the case of you sending us a notice, at
    7. These Terms are governed and interpreted by the laws of Victoria, Australia.