Updated: August 12, 2024Rubicon Terms of Use

0.1 ACCESS TO RUBICON AND ITS SERVICES IS NOT PERMITTED FOR PERSONS OR ENTITIES WHO RESIDE IN, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN THE UNITED STATES OF AMERICA OR ANY OTHER RESTRICTED TERRITORY AS DEFINED BELOW. RUBICON DOES NOT MAKE EXCEPTIONS; IF YOU ARE LOCATED IN ANY OF THESE JURISDICTIONS, DO NOT ATTEMPT TO ACCESS OR USE OUR SERVICES. USE OF A VIRTUAL PRIVATE NETWORK (“VPN”) TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED. ANY SUCH ATTEMPT TO USE OUR SERVICES FROM A RESTRICTED TERRITORY IS STRICTLY PROHIBITED.

Rubicon restricts access to its services from the following jurisdictions ("Restricted Territories"):

• United States of America
• Belarus
• Cuba
• Iran
• North Korea
• Syria
• Myanmar (Burma)
• Ukraine (specifically Crimea, Donetsk, and Luhansk regions)
• Any other country or region that is the subject of comprehensive sanctions by the United States

If you are a citizen, resident, or entity from any Restricted Territory, you are prohibited from using the Rubicon services. Rubicon reserves the right to block access to its services from IP addresses or devices associated with Restricted Territories.

By accessing or using Rubicon, you represent and warrant that you are not located in, under the control of, or a national or resident of any such Restricted Territory.

1.1 The “Protocol” means any and all smart contracts and software on the Ethereum blockchain or any alternative blockchains that comprise the Rubicon Pprotocol. The Protocol’s source code is public and the contracts are verified on external sites. We encourage all Users to review the code before interacting with the Protocol. In practice, the Protocol enables peer-to-peer trading of ERC-20 tokens on order books. 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.

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 assets sent to Rubicon smart contracts, including but not limited to outstanding orders and liquidity positions.

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 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 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 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 By interacting with the Protocol, you accept and acknowledge that 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. Rubicon encourages Users to read smart contracts themselves and understand the risks associated with them. A displayed APY or APR in the App are calculated in the given token, not the US Dollar or another fiat currency. These rates are variable and are calculated from the performance of the underlying 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.

3.1 The Protocol’s source code is public and we encourage Users to review it for themselves before interacting with the contracts. 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.

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 utilize. 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 [email protected].

4.2 For the features on our application including but not limited to Portfolio, History, Trade, and Pools, Rubicon uses your wallet address. By connecting your wallet to our application, you consent to letting Rubicon collect data from your wallet 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.

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.