Rubicon Terms of Use

Updated: June 22nd, 2021

These terms of service, together with any documents and additional terms they expressly incorporate by reference (collectively, these “Terms” or this “Agreement”), are entered into between Rubicon DeFi Inc. (“Rubicon,” “we,” “us” and “our”) and you or the company or other legal entity you represent (“you” or “your”), and constitute a binding legal agreement. By interacting with the Rubicon Protocol and any associated smart contracts or applications you agree to the following terms and conditions.

Definitions
1.1 “The Protocol” means any and all smart contracts and decentralized applications the Rubicon team has built upon the Ethereum blockchain as well as scaling solutions for the Ethereum blockchain including but not limited to layer 2 solutions (rollups), sidechains, and other EVM compatible networks. In practice these contracts allow users to exchange digital assets using an on-chain order book. By interacting with the protocol, you become a user.

1.2 “User” or “Users” refers to anyone interacting with Rubicon contracts and applications. This Agreement applies to any and all users. By becoming a user, you confirm that your interactions with the Rubicon protocol are compliant with all of your applicable local regulations. You acknowledge that you are above 18 years old and agree to enter into a legally binding contract with Rubicon. Additionally, you further represent that you are not a citizen, resident, or member of any group that is subject to economic sanctions by the United States, or where your interaction with the Protocol would be illegal or violate any applicable law. You agree that you will not engage in any activity that could be construed as fraud, market manipulation, or any other unlawful conduct, as according to your own jurisdiction.

1.3 “The Site” or “App” refers to all pages of the Rubicon website and any associated web applications. Access to these is on an “as available” basis, and we do not guarantee that this access will always be uninterrupted. Interruptions could range from planned maintenance to unforeseen circumstances such as but not limited to cyberattacks and  network provider outages.

Services
2.1 By interacting with the Rubicon site and app, you acknowledge and agree that your use of the aforementioned applications is at your own risk. You acknowledge and agree that any loss of funds or data when interacting with any Rubicon applications and smart contracts is your responsibility. By using the Site, you agree and understand that Rubicon assumes no liability over errors, mistakes, or inaccuracies displayed. You agree that we assume no liability for any hack, loss of data, or damages that come to the user as a result of using the Site or Protocol.

2.2 In becoming a user you accept and acknowledge that Rubicon does not have custody of any and all assets in the order books and has no central control over them. All sellers and buyers maintain full control and responsibility over their assets at all times.

2.3 In becoming a user, you acknowledge and agree that Rubicon has no responsibilities or liabilities to you. By using these services you acknowledge and agree that Rubicon has no broker, fiduciary, or legal relationship with you, and your interactions with the Rubicon application and Protocol does not create any type of these responsibilities.

2.4 You are solely responsible for complying with all laws and regulations applicable to your transactions, including but not limited to, the federal securities laws and the regulations promulgated thereunder by the U.S. Securities and Exchange Commission (“SEC”) and the Commodity Exchange Act and the regulations promulgated thereunder by the U.S. Commodity Futures Trading Commission (“CFTC”).

2.5 In using Rubicon’s services you acknowledge and agree that none of the information on the site or app constitutes advice, or can be seen as a professional statement or recommendation.

2.6 Under no circumstances will any employees or anyone associated with Rubicon be held liable for loss or damage incurred with the use of our services. By becoming a user of the protocol, you acknowledge and agree that you assume all risk and liability for your assets and any losses you incur. We assume no liability over any error, mistake, omission, or inaccuracies displayed on our site or app. Rubicon, its employees, and anyone associated with us (including but not limited to contractors and partners) will not be held liable for any losses or damages incurred by users. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in this Agreement may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.

2.7 Transacting on and interacting with the Ethereum blockchain requires fees commonly referred to as “gas”. Users should have an understanding of how these transaction fees work and by using Rubicon you acknowledge and accept that you alone bear the responsibility of any fees associated with Ethereum blockchain interaction. You also acknowledge and accept that the Rubicon protocol has a variable fee structure. Trading fees for both makers and takers can be implemented on the protocol. By using Rubicon you acknowledge and accept that you are responsible for this protocol fee.

2.8 The site and app may contain references or links to third-party resources, including information, resources, and data that we do not own or control. In addition, third parties may offer promotions related to your access and use of Rubicon. We do not endorse or assume any responsibility for any such promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. You agree to relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.

2.9 Rubicon Pools is a set of smart contracts which let users deposit their assets into a pool and allow strategists to use those assets to provide liquidity on the Rubicon market. Rubicon Pools includes but is not limited to the following smart contracts: BathHouse.sol, BathPair.sol, BathToken.sol, and PairsTrade.sol. By interacting with Pools, you accept and acknowledge that there is no guarantee that depositing assets into these contracts will be profitable, and you will be responsible for any financial losses associated with your interactions with Pools. By interacting with Pools, you accept and acknowledge that strategists cannot be held responsible for any of your financial losses. By interacting with Pools, you accept and acknowledge that you form no legal or fiduciary relationship with any strategists. By interacting with Pools, you and you alone accept any and all financial risks associated with providing liquidity or acting as a strategist. We encourage users to read the Pools contracts themselves and understand the risks associated with them.

2.10 By interacting with Rubicon, you accept and acknowledge that there is smart contract risk associated with these contracts. By becoming a user, you accept and agree that you are responsible for losses associated with smart contract security, and any exploit or manipulation that might occur. Rubicon takes steps to ensure the security of our contracts, including third party reviews and software audits on our protocol architecture. In using Rubicon, you accept and acknowledge that you bear this risk and take responsibility for any financial losses from using the Protocol and Site.

Proprietary Rights
3.1 The Protocol’s source code is completely public and we encourage users to review it for themselves before interacting with the contracts. The Rubicon Protocol has a Business Source License 1.1 (BSL), which makes the source code fully public and allows anyone to copy, modify, create derivative works, redistribute, and make non-production use of the contracts. The BSL is effectively a time-delayed GPL 2.0 or later open-source license, with the major difference being it does not allow the unlicensed commercial use of the Rubicon Protocol within the first two years of its release. Additionally, we own all intellectual property on the site and app, including but not limited to the software, text, images, trademarks, copyrights, patents, and designs.

3.2 By interacting with the site and app, you acknowledge and agree that you may not copy, modify, adapt, license, publish, sell, or distribute the application and the site and may not allow any third party to access the site and app in order to do any of the aforementioned actions. In being a compliant user of Rubicon, you are granted a single, limited license available only to your person that allows access and use of the site and app. This license is non-transferable and is freely revocable by us at any time without notice or cause.

Privacy Policy
4.1 This Privacy Policy applies to all information we collect from you (your “Personal Data”) through our site, web applications, mobile applications, smart contracts, APIs, and all other software that we developed or utilized. By visiting our site, you agree to the terms of this privacy policy.

If you have any questions or concerns about how we use your Personal Data, please email us at contact@rubicon.finance. 

4.2 Data we collect from you may include your email address, cookies, and web analytics. We will not redistribute any of this information, and we only collect this information to improve our offerings.

4.3 For the features on our application including but not limited to Portfolio, History, Trade, and Pools, Rubicon uses your Ethereum address. By connecting your wallet to our application, you consent to letting Rubicon collect data from your Ethereum address. This data is only used to improve our offerings and improve our interface. You can disconnect your wallet at any time by going to the wallet menu in the bottom left of the app and clicking disconnect.

Modifications to these Terms
We reserve the right to modify the terms of this agreement at our sole discretion. If any modifications are made, we will notify you by changing the modification date at the top of this agreement. Your continued use of the Protocol and App will serve as a confirmation that you accept and agree any modifications to these terms and conditions. If you do not agree with modifications to these terms, you must stop accessing the Protocol and App immediately.