Terms of Use

Rhombus Protocol Terms of Use

Effecfive Date: Sep 21st, 2024

These Terms of Use (the “Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Rhombus Protocol (“Company,” “we,” “us,” or “our”), governing your access to and use of the Rhombus Protocol website, services, and any related applications (collectively, the “Services”). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not access or use the Services.

1. Acceptance of Terms

1.1 Binding Agreement. By accessing or using the Services, you agree to be legally bound by these Terms and all terms incorporated by reference.

1.2 Eligibility. You represent and warrant that you are at least 18 years of age or the legal age of majority in your jurisdiction, and have the legal capacity to enter into this agreement. If you are using the Services on behalf of a legal entity, you further represent and warrant that you have the authority to bind such entity to these Terms.

2. Modifications to the Terms

2.1 Amendments. We reserve the right to modify or amend these Terms at any time. Any such modifications will be effective upon posting of the amended Terms on the Services. You are responsible for reviewing these Terms periodically. Continued use of the Services following any such changes constitutes your acceptance of the amended Terms.

2.2 Notification of Changes. If we make material changes to these Terms, we will notify you by updating the “Last Updated” date at the top of these Terms.

3. Use of the Services

3.1 Compliance with Law. You agree to use the Services in compliance with all applicable laws, regulations, and these Terms. You are solely responsible for any legal consequences arising from your use of the Services.

3.2 Non-Custodial Services. The Services are non-custodial, meaning that we do not store, control, or have access to your digital assets. You are solely responsible for maintaining the security and control of your digital wallet and private keys.

3.3 Assumption of Risk. You understand that digital assets and blockchain technology are inherently risky and volatile. By using the Services, you acknowledge and accept these risks and agree that you are solely responsible for your actions and any losses incurred.

4. Prohibited Uses

4.1 Prohibited Activities. You shall not, and shall not attempt to, engage in any of the following activities in relation to the Services:

(a) Illegal Activities: Engaging in any illegal activity, including money laundering, terrorist financing, or any activity that violates applicable law.

(b) Market Manipulation: Conducting or attempting to conduct any form of market manipulation, including but not limited to pump-and-dump schemes, wash trading, or spoofing.

(c) Intellectual Property Infringement: Infringing on the intellectual property rights of others, including but not limited to copyrights, trademarks, or patents.

(d) Cybersecurity Violations: Compromising the security of the Services, including hacking, deploying malware, or conducting denial-of-service attacks.

(e) Fraud and Misrepresentation: Providing false, misleading, or fraudulent information to us or other Users.

(f) Data Mining or Scraping: Using automated means to extract data from the Services without our express permission.

4.2 Sanctions Compliance. You represent and warrant that you are not subject to any trade embargoes, sanctions, or restrictions by any government authority, and that you are not using the Services in violation of any applicable sanctions or export control laws.

5. Intellectual Property Rights

5.1 Ownership. The Services and all content, features, and functionality, including but not limited to information, software, text, displays, images, video, and audio, are owned by the Company or its licensors and are protected by intellectual property laws.

5.2 License to Use the Services. Subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use.

6. Disclaimers and Limitation of Liability

6.1 No Warranties. The Services are provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

6.2 Limitation of Liability. To the maximum extent permitted by applicable law, the Company, its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with your use of the Services, regardless of the form of action and whether or not the Company has been advised of the possibility of such damages.

7. Indemnification

7.1 Indemnification. You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

8. Governing Law and Dispute Resolution

8.1 Governing Law. These Terms and your use of the Services shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law principles.

8.2 Dispute Resolution. Any disputes arising out of or relating to these Terms or the use of the Services shall be resolved through binding arbitration administered by Singapore International Arbitration Centre (SIAC) in accordance with its rules. The arbitration shall take place in Singapore, and the language of the arbitration shall be English. The arbitrator’s decision shall be final and binding.

8.3 Class Action Waiver. You agree that any disputes shall be resolved on an individual basis and that you waive the right to participate in a class action or other collective proceeding.

9. Waiver and Severability

9.1 No Waiver. No waiver by the Company of any term, provision, or right hereunder, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such term, provision, or right, or any other term, provision, or right, or as a waiver of any other provision hereunder.

9.2 Severability. If any provision of these Terms is found to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

9.3 Partial Invalidity. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

10. Termination

10.1 Termination by the Company. The Company may, in its sole discretion, suspend or terminate your access to the Services at any time, with or without notice, if it believes you have violated these Terms or if it believes that such action is necessary to protect the integrity, security, or reputation of the Services or the Company.

10.2 Termination by You. You may terminate these Terms by discontinuing your use of the Services at any time. Termination of these Terms will not relieve you of any obligations or liabilities that you have incurred prior to termination.

10.3 Effect of Termination. Upon termination of these Terms for any reason: (a) all licenses granted to you under these Terms will terminate immediately; (b) you will cease all use of the Services; and (c) the Company may, in its sole discretion, delete any data associated with your use of the Services.

11. Privacy and Data Protection

11.1 Privacy Policy. Your use of the Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Services, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

11.2 Data Security. While the Company takes reasonable measures to protect your personal information, you acknowledge and agree that the Company cannot guarantee the security of any data transmitted through the Services or over the internet. You use the Services at your own risk and are responsible for implementing appropriate security measures.

11.3 Third-Party Services. The Services may contain links to or allow you to interact with third-party websites or services. The Company is not responsible for the privacy practices or content of such third-party sites or services. You should review the privacy policies of these third parties before providing any information to them.

12. Feedback

12.1 Feedback. If you provide any feedback, suggestions, or comments to the Company regarding the Services (“Feedback”), you hereby grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully-paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, perform, and display the Feedback in any manner and for any purpose, including commercial purposes, without attribution or compensation to you.

13. Dispute Resolution and Arbitration

13.1 Dispute Resolution. In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, “Disputes”), you and the Company shall first attempt to resolve the Dispute informally by contacting each other.

13.2 Arbitration Agreement. If the Dispute is not resolved within 30 days after such contact, it shall be resolved by binding arbitration administered by Singapore International Arbitration Centre (SIAC) in accordance with its rules. The arbitration shall take place in Singapore, and the language of the arbitration shall be English.

13.3 Exceptions to Arbitration. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

13.4 Waiver of Jury Trial. You and the Company hereby waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury.

13.5 Governing Law. These Terms shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of laws principles.

14. Miscellaneous

14.1 Entire Agreement. These Terms constitute the entire agreement between you and the Company regarding your use of the Services and supersede all prior and contemporaneous agreements, understandings, and communications.

14.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

14.3 Assignment. The Company may assign or transfer these Terms, in whole or in part, at any time without notice or your consent. You may not assign these Terms or any of your rights or obligations hereunder without the Company’s prior written consent.

14.4 Contact Information. If you have any questions or concerns about these Terms or the Services, please contact us at [e-mail].