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 Rubicon, app.rubicon.finance, and any associated smart contracts or applications, you agree to the following terms and conditions.
1.1 The “Protocol” means any and all smart contracts and decentralized applications the Rubicon team has built on the Ethereum blockchain as well as those built on scaling solutions for the Ethereum blockchain, including but not limited to layer 2 networks, rollups, sidechains, and other EVM-compatible blockchains. In practice these contracts enable peer-to-peer order matching for digital assets by utilizing an order book smart contract. By interacting with the protocol, you become a user.
1.2 “User” or “Users” refers to anyone interacting with Rubicon contracts and/or 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. By becoming a user, you accept and agree that you are responsible for ensuring that your interactions with Rubicon comply with any and all 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 hosted by Rubicon. 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. The site and app are just one interface for interacting with the protocol. You can always directly interact with the contracts yourself.
1.4 “Strategists” refers to any person or entity managing liquidity pools, rebalancing liquidity between pools, or placing orders using pool liquidity. By becoming a user, you accept and acknowledge that strategists have no broker, fiduciary, or legal relationship with you, and your interactions with the Rubicon and Protocol does not create any type of these responsibilities with strategists.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. In becoming a user, you accept and acknowledge that you are interacting with experimental software, and you are responsible for any loss of funds or data. 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 you maintain full control and responsibility over your assets at all times. You accept and acknowledge that you maintain full responsibility for any of your outstanding orders. You can cancel these orders at any time by using the App or by interacting with the Protocol directly.
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. Always do your own research before making any financial decisions.
2.6 Under no circumstances will 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, partners, and strategists) 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 and related blockchains requires network 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 has a protocol fee for taker trades. 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 enable users to deposit their assets into a pool and strategists to use those assets to provide liquidity on Rubicon markets. Rubicon Pools includes but is not limited to the following smart contracts: BathHouse, BathPair, and BathToken. By interacting with Pools, you accept and acknowledge that this is experimental software and there is no guarantee that interacting with these contracts will be profitable, and you are responsible for any financial losses associated with your interactions with Rubicon. 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 contracts, you and you alone accept any and all financial risks associated with providing liquidity or acting as a strategist. Rubicon encourages users to read smart contracts themselves and understand the risks associated with them. A stated APY or APR for a token on the app is calculated in the given token, not the US Dollar or another fiat currency. These are not interest rates, they are variable and are calculated using one week and one month trailing growth rates of a given pool.
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.
4.2 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 navigating to the wallet menu in the bottom left corner 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 to 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.