TERMS OF USE

1.1 These Terms of Use (hereinafter – “Terms”) are an agreement between Rubicoin Software Company OÜ and the User. The Terms govern the provision of Services of the Application developed by Rubicoin Software Company OÜ, tax number 44710911, (hereinafter – “Rubicoin”, “Company”, “we”, “our”, “us”) with a registered address:Vesivarava tn 50-201, Tallinn, 10152.

1.2 The Terms are governed by and construed in accordance with the laws of the European Union and come into force from the moment you click the "Register" button in the Application or from the moment you agree to the Terms in the Application.

1.3 The Application is software designed and intended to provide Users with the ability to access and use Digital assets that are stored on the blockchain. The Application is not registered as a bank or securities broker/dealer, is not licensed or approved by any government financial regulatory agency, and cannot be used as an individual investment advisor.

1.4 Rubicoin Services are available through the use of the Application. When providing Services, Rubicoin does not have access to the Users’ personal information and Digital assets.

1.5 Date of the Terms of Use publication: 20/02/2024.

2.1 Password – a 6-digit code created by the User to access the Application.

2.2 User – a registered person, who uses the Application and Services (hereinafter – “you”, “your”, “they”, “their”).

2.3 Application – software, developed and owned by Rubicoin Software Company OÜ, that provides access to Services related to the storage, use, receipt and withdrawal of Digital assets.

2.4 Services – services provided in the Application and related to the use and management of Digital Assets that are available to the User.

2.5 Digital asset – a form of asset or value that exists in digital form and is based on blockchain technology. This asset could be a cryptocurrency, a token, a digital representation of a real asset, or other digital items of value.

2.6 Rubicon Wallet (hereinafter – “Wallet”) – a User account created to gain access to the Application Services and conduct transactions with Digital Assets.

2.7 Seed phrase – a Wallet key consisting of a set of generated 12 words formed into a phrase that can be used to enter the Wallet and restore access to the Wallet.

3.1 By using the Application and any part of the Services, the User agrees to comply with the requirements and rules outlined in these Terms. Before using the Application, please read these Terms carefully. Rubicoin cannot provide access to the Application Services if the User does not consent to comply with these Terms.

3.2 The User agrees and acknowledges that Rubicoin may revise the Terms or any part thereof. The updated Terms will be published on the Rubicoin website and the Application. Notices of changes to the Terms will be posted on the Application. Use of the Application and its Services, after such notification and/or publication of updated Terms, constitutes acceptance of the Terms of Use by the User. The current version of the Terms that appears on the Rubicoin’s Application and Website supersedes all previous versions.

3.3 The User agrees to receive electronic notifications and messages, push notifications from the Application. Such notifications and messages may be sent to the mobile device on which the Application is installed. The consent is valid on an ongoing basis until the User revokes it. The User may revoke such consent in the Application settings.

3.4 The Users agree that Rubicoin has the right to request information that will help identify and confirm their identity. The Company has the right to suspend the use of the Application if Users do not provide the requested information or the provided information is considered inaccurate or incomplete.

3.5 For use of the Application, Users agree that they are not residents of a sanctioned jurisdiction under trade embargoes, United Nations Security Council resolutions (“UNSC”), or the financial sanctions regime of the United States Department of the Treasury, and Users are not currently an object or a subject to economic sanctions, such as the United Nations Security Council Sanctions List, OFAC's Designated Nationals List, the U.S. Commerce Department's Denied Persons or Entity List, or any other similar list maintained by any other relevant sanctions authority.

4.1 Rubicoin’s Application and Services are intended exclusively for Users who are over 18 years old and/or authorized representatives of legal entities. The use of the Application by minors is prohibited. Rubicoin does not bear any responsibility for any consequences that may arise from minors' use of the Application.

4.2 By agreeing to the Terms, Users confirm that they are individuals who are at least 18 years old and/or an authorized representative of a legal entity, and have the right to enter into these Terms.

4.3 If the Application is used by persons under 18 years of age, Rubicoin is not responsible for any possible consequences that may arise from such use, including, but not limited to, loss of data, financial losses or other negative impacts. Users under 18 years of age are personally responsible for complying with age restrictions when using the Application and Services.

5.1 Users agree that they are solely responsible for their activities with Digital assets in the Application and are aware of the risk of losing such Digital assets at any time. Rubicoin provides software for Users to access and use Digital assets that are stored in the blockchain. Rubicoin does not store Users’ Digital assets.

5.2 Users independently and within their capabilities make decisions about concluding transactions or performing operations with Digital Assets. Rubicoin does not provide investment, financial advice or consulting services. The Company is solely a multi-currency crypto wallet provider. By using Application Services, Users understand and agree that the materials posted on the Application are only for general informational purposes. The information contained in the Application does not constitute a recommendation regarding any specific investment, security, portfolio, transaction, investment strategy and/or advice regarding transactions in Digital assets.

5.3 Users also understand and agree that advising regarding the nature, potential, value or suitability of any particular cryptocurrency, stock, security, investment portfolio, transaction, investment strategy or other matter is not part of the Application Services. Therefore, the User may not contact us for personalized investment advice, since Rubicoin does not provide such services.

6.1 To start using Rubicoin’s Services, Users must register the Rubicon Wallet in the Application and go through the identification procedure. To complete registration, Users must create a Password which consists of 6 digits and repeat it. Users will be prompted to create a backup copy of Rubicon Wallet, after which they will be provided with a generated 12-word Seed Phrase, which must be remembered and/or copied for future access to Rubicon Wallet. We provide the opportunity for Users to copy the Seed phrase for storage outside the Application. During the registration process, Users must also agree to the notice of the risks of losing access to Rubicon Wallet in the event of loss of the Seed phrase and also pass verification of the correctness of the Seed phrase by duplicating it.

6.2 After completing the registration procedure in the Application, Users can go to the main page of Rubicon Wallet, where the Services will be provided and the User’s Digital Assets will be displayed.

6.3 In the Rubicon Wallet settings, the User can view Seed phrases, set up login to the Application using biometric data, enable or disable the Application password, as well as create a User name and add a User photo. The Application assigns the user his ID, which is necessary to use the internal Services of the Application.

7.1 Access to Digital Assets. Rubicoin does not store the User's Digital Assets in the Application. The Company provides Users with secure access to Digital Assets on the network and interaction with Digital Assets in the Wallet, such as replenishment, purchase, withdrawal, transfer and other Services provided by the Application.

7.2 Deposit, withdrawal, and transfer of Digital Assets. Users have the opportunity to conduct transactions with Digital Assets using their Wallet. Once transactions (deposits, withdrawals, exchanges and transfers of Digital Assets) are sent to the network, they cannot be reversed. To complete any Digital Asset transaction, such transaction must be processed and confirmed by the blockchain associated with the Digital Asset transaction.

7.3 Purchase of Digital assets for fiat funds, replenishment and withdrawal of fiat funds. Users can make purchases and/or sales of Digital Assets using the methods provided by the Mercuryo exchange. Rubicoin provides the opportunity to use the services of an intermediary, who converts the amount selected by the User into a Digital Asset and credits it to the Wallet, or withdraws the Digital Asset into fiat funds and credits it to the credit or debit card associated with this transaction.

7.4 Broadcasting information about the value of Digital Assets provided by third-party Providers. On the Application, Users can receive information about rates and prices of Digital Assets based on data imported from third-party Providers for Rubicon Wallet.

7.5 Internal Application Services. Users will have access to internal Services, such as Rubicon Wallet settings, notifications, editing the User's Rubicon Wallet, transaction history, changing name and photo, and communication with Rubicon Wallet support.

7.6 Rubicoin does not control the blockchain networks and Suppliers. The Company only provides access to the User’s Digital Assets that are located on the blockchain network. Therefore, Rubicoin cannot guarantee that any transactions made using the Rubicoin Services will be confirmed and processed without interruption or error.

7.7 Rubicoin supports actions with certain Digital Assets and networks, namely: BTC, DOGE, ETH, LTC, ERC20, TRC 20, and TRX. When creating a transaction, ensure that the Digital Asset you are interacting with can be received in the Rubicon Wallet.

8.1 Rubicoin provides Users access to services and products of Suppliers integrated into the Application. List of Rubicoin Service Providers:

8.1.1 Mercuryo. The cryptocurrency exchange integrated into the Application allows Users to carry out transactions with Digital Assets. By using this provider's services, Users automatically agree to its Terms of Use and Privacy policy, available at https://mercuryo.io/legal/terms/

8.2 Rubicoin and the third-party Service Providers are independent contractors and do not act as agents for each other. Each Provider acts on its behalf and provides its services directly to Users. The User's use of the Suppliers' services is between the User and the relevant Supplier.

8.3 Rubicoin acts as an intermediary between Users and Providers when the former use the latter's services. Rubicoin's Services are limited to providing a technical interface for interacting with Suppliers' services.

8.4 Users should review the Terms of Use and Privacy policies published by the relevant Providers when using and interacting with the services of Providers. It is the Users’ responsibility to comply with and understand these terms and policies.

8.5 Rubicoin does not control and makes no representations or warranties regarding the Suppliers' services; the Users use them at their own risk.

8.6 Rubicoin is not a party to transactions between Users and Providers and does not receive payments from Users for the Providers’ services. Consequently, Rubicoin is not financially responsible to Users for possible compensation and does not make decisions regarding rates or commissions associated with the use of the Providers’ services.

9.1 Users' Digital Asset transactions may involve fees that are required by such systems and/or networks. Before conducting a transaction Users must ensure that their Wallet balance is sufficient to complete transactions before you conduct a transaction.

9.2 Users agree that Rubicoin is not responsible for failed transactions or losses that may arise in the event of insufficient funds for a transaction and/or incorrect transaction fees, as Rubicoin does not have access to any Users’ transactions.

9.3 Users are responsible for compliance with tax obligations as determined by local law and applicable to the use of the Services. Rubicoin is not responsible for determining and complying with the Users’ tax obligations.

9.4 Users are responsible for determining the type and amount of taxes if any applies to the transaction. Users are responsible for reporting and remitting the correct tax to the appropriate tax authority.

10.1 Since Rubicoin does not accept commissions for processing transactions created and carried out using Suppliers' services, we do not offer cash refunds and are not responsible for refunds for Services provided by third parties. The Company do not process or have access to information about paid transactions and commissions. If Users require a refund, they must contact the applicable third parties whose services they used.

10.2 Please pay attention that third parties may have restrictions on refunds. All exchanges for fiat currency and Digital Assets are final and non-refundable. Payments and fees for made transactions are non-refundable and cannot be changed once the transaction is completed and the Digital Asset is sent to the Wallet address specified by the User, so it is important to check the Wallet address and/or credit or debit card details before conducting the transaction.

10.3 Refunds of any transactions are subject to the third parties’ Terms of Use. Only those transactions that were not successful are subject to refund. Refunds cannot be issued in cases of incomplete or incorrect data provided by Users and/or in cases of data inconsistencies and/or other suspicious circumstances. In the event of a refund, return fees may be charged. The amounts of return fees are posted in the Terms of Use and/or on the third parties resources.

10.4 In case of transactions that violate the law and/or the rules of the Application and third parties, the last may freeze fiat funds or Digital Assets for a detailed investigation. If Users intentionally block or reject transactions suspiciously, third parties have the right to freeze such transactions.

11.1 Backing up your Rubicoin Wallet address, Seed Phrase and Password associated with your Wallet outside of the Application will help you gain access to the blockchain network where your Wallet is hosted or restore access to your Wallet without losing Digital Assets.

11.2 If the User has not backed up their Rubicon Wallet data outside of the Application and has lost access to the Digital Assets in their Wallet, such User agrees to be fully responsible for any loss of access to the Digital Assets. We strongly recommend Users create backup copies of Rubicon Wallet data to prevent loss of access to Digital Assets. If the User loses the login data for Rubicon Wallet, we will not be able to restore access to Wallet, since we do not store or process the data that allows Users to log into their Wallet.

12.1 Users agree and warrant that they will not violate any local or international laws that apply when using the Application Services. You will not:
12.1.1 personally engage in, or encourage any third party to engage in acts prohibited by these Terms;
12.1.2 use the Application Services to pay for, support or engage in illegal activities such as illegal trade, illegal gambling, fraud, money laundering, terrorist activities, sales of weapons or drugs;
12.1.3 use or attempt to use the wallet of another User;
12.1.4 use the Application in a manner that may negatively impact other Users and prevent them from fully using the Application;
12.1.5 take measures that may create an unreasonable or excessively high load on the Application;
12.1.6 circumvent or attempt to circumvent any measures we have taken to restrict access to the Services;
12.1.7 infringe, misappropriate or violate the rights of Rubicoin and Application Users, including privacy, publicity, intellectual property and other proprietary rights;
12.1.8 distribute viruses or harmful computer code through the Application.

12.2 The User will use the Application Services only in jurisdictions where it is permitted. You agree not to use the Services if you are located or are a resident of a jurisdiction where the use of the Application Services and/or Rubicoin at its discretion is prohibited and/or illegal.

12.3 By using the Application, Users confirm the provision of true and accurate information about themselves when registering a Wallet or using the Services. Users must update their information if it changes and/or if such information is not accurate and current.

12.4 Users are responsible for security and inaccessibility to any third parties of the device you use to access the Wallet Services. To receive the Services properly and securely, Users agree and undertake to:

12.4.1 not leave devices and/or data which you use to log into the Application on your behalf accessible to third parties and do not provide third parties with access to the device and/or such data;
12.4.2 provide optimal security measures for your device used to receive the Services, such as installing anti-virus and anti-spyware software, and firewalls. The list of measures is not exhaustive.

12.5 The User is solely responsible for any damage resulting from the use or non-use of the Rubicoin Services, including, but not limited to, financial and business losses. This liability applies to all Services provided in the Application.

12.6 If Users are using the Rubicoin Services on behalf of a legal entity, they represent and warrant that their entities are duly organized and operate under the applicable laws of the jurisdiction in which they are registered. Users also represent that they have the appropriate authority from their legal entity to act on their behalf.

13.1 If Users violate these Terms, Rubicoin, in its sole discretion and with prior notice, may at any time, change or discontinue, temporarily or permanently, any part of the Application Services.

13.2 Rubicoin does not block or limit the storage of Users’ Digital Assets in the Application. If the use of the Application Services is restricted for Users, they will be able to withdraw their Digital Assets to external wallets.

13.3 Rubicoin may implement controls to restrict Users' access to the Services in any jurisdiction prohibited by these Terms. In this case, the User's access to the Application Services may be suspended.

13.4 After restriction or suspension of access to any part of the Services, access to Digital Assets will be subject to the availability of a backup copy of your Wallet address.

14.1 These Terms are valid as long as the User's Wallet is active. Users may terminate using their Wallet and these Terms by deleting their Wallet at any time at their discretion. Before deleting the Wallet, the User must withdraw all Digital assets to external wallets.

14.2 If the Wallet was deleted at the request of the User, Digital assets that were not withdrawn before deletion remain on the blockchain. The User can restore such a Wallet using a secret code and Seed phrase. In case of loss of the secret code and Seed phrase, access to Digital assets will be irretrievably lost, since Rubicoin does not store the User’s data.

15.1 Safety. To ensure security when using Rubicoin Services, the User creates a Password to access the Application and receives a generated Seed phrase when filling out the registration form. Also, for operations within the Application, it is possible to use biometric protection. Users agree that the Password and Seed phrase must be kept secret and not disclosed to third parties. In the event of loss of access to the Wallet, unauthorized use, or suspicion of a security breach, including leakage or theft of the password and/or Seed phrase, the User must contact Rubicoin support at Ця електронна адреса захищена від спам-ботів. Вам необхідно увімкнути JavaScript, щоб побачити її..

15.2 Confidentiality. Rubicoin pays attention to the protection and confidentiality of the personal data of Application Users. To achieve this, the Company have adopted appropriate policies and implemented technical security measures to protect the data under our control from unauthorized access, misuse, leakage, modification, destruction or loss under the requirements of the GDPR. Users can view the Rubicoin Privacy Policy by following the internal link. This policy applies to Users' of the Application.

15.3 Users acknowledge that for privacy, security and other reasons, their data, in the original form, received by Rubicoin, may be deleted without backup after such data has been processed to provide the Services.

15.4 While the Users’ Wallet is active, they grant Rubicoin the right to use, transfer, store and backup their data, such a transaction/exchange/sale/purchase history of Digital Assets, to provide the Services as specified in the Rubicoin Terms of Use and Privacy Policy.

16.1 The Rubicoin Application includes software, design, content and trademarks that are protected by international copyright and other relevant laws. Unless otherwise noted, Rubicoin is the sole copyright owner of these materials, designs, content and trademarks.

16.2 Users have no rights or interests in or to the Rubicoin Application and its contents except the right to access solely for personal use under these Terms and subject to all copyright and other proprietary notices.

16.3 Use of the Rubicoin Application does not grant Users any rights, title or interest in or to Rubicoin's intellectual property. Users agree not to infringe the copyright of the Application, including, but not limited to, they undertake, in whole or in part, that they will not copy, reproduce, modify, republish, publish, distribute, collect, sell, license, create derivative materials or otherwise use Rubicoin's intellectual property.

17.1 Rubicoin is not responsible if the User uses the Application while located or being a resident of a jurisdiction where the use of Rubicoin Services is prohibited. Any use of the Application in a jurisdiction where access to the Services is prohibited is the User’s responsibility.

17.2 Rubicoin does not guarantee the constant availability of the Application. The Company is not responsible for the Application's unavailability to the User at any time. In addition, Rubicoin cannot guarantee that the Application will always be free from destructive or defective elements. Users agree not to hold Rubicoin liable for any technical failures, software failures, data loss, access problems, security problems, unauthorized access and other similar problems, including problems caused by the User.

17.3 Rubicoin does not warrant that Users will be able to access the Services at any time or location they choose. The Company does not warrant it will have sufficient capacity to provide the Services generally or in any geographic location. Rubicoin makes no warranties of any kind to the Services, including informational suitability or applicability for a particular purpose.

17.4 Rubicoin does not bear any responsibility for malfunction, damage or destruction of computer systems, data or records of Users, as well as for delays, losses, errors or omissions resulting from technical failure of the Application.

17.5 Rubicoin is not responsible for any consequences and losses caused by the provision of incorrect and/or untruthful User data.

17.6 Rubicoin will not be liable for any loss or damage caused by the use of information provided to Users on the Application. The User is entirely personally responsible for his investment decisions and transactions with Digital Assets. Before conducting transactions for the sale, exchange, withdrawal and/or purchase of Digital Assets, Users must conduct their research and evaluate the steps' reliability.

17.7 Rubicoin is not responsible for determining the applicability of taxes to Users' transactions, or for collecting, reporting, withholding or remitting taxes resulting from transactions involving Digital Assets.

17.8 Rubicoin is not responsible for any consequences arising from the User’s use of the Suppliers’ services integrated into the Application. If assistance from such a Provider is required, the User must contact him directly. However, Rubicoin support will do its best to assist if it is within its competence.

17.9 By using the Application Services, Users may be exposed to content that may be offensive, indecent or objectionable. Rubicoin is not responsible for such content as it does not create or control its distribution.

17.10 Rubicoin does not warrant that third-party content available on or through the Application. Any conditions, warranties or representations regarding such third-party content are solely between Users and the providers of such content.

18.1 Rubicoin undertakes to comply with Estonia's applicable laws, regardless of the User's location. The terms and relations between the parties will be subject to the laws of Estonia. If any provisions of these Terms are inconsistent with applicable law, those provisions will be superseded or modified only to the extent of the inconsistency.

18.2 The Parties agree that the operation of the Application and Services is governed by the Estonian Law “On the Use of Distributed Ledger Technology by Government Agencies”. The authorities responsible for regulating cryptocurrencies and blockchain projects in Estonia are the Financial Intelligence Unit (FIU) and the National Bank of Estonia.

18.3 Users are responsible for compliance with local laws regarding the use of the Application Services, as well as the relevant regulation of the use of Digital Assets in the jurisdiction where the User is registered. The User waives any objections that may arise in connection with the jurisdiction of the User's registration, place of residence, sanctions restrictions and/or inconveniences associated with the use of the Application.

18.4 Users agree that any claims related to the use of the Application must be filed within 1 (one) month from the date of occurrence. If this period expires, your claim will be rejected, regardless of its content.

18.5 If the parties are unable to reach an agreement during negotiations and/or enter into a settlement agreement or resolve the dispute using alternative methods of resolution, the parties have the right to file a claim in the usual manner, under these Terms. The parties agree to submit to the exclusive jurisdiction of the courts of Estonia.

18.6 The parties agree that the resolution of commercial disputes within the framework of the arbitration process will be held in Estonia, Tallinn, address: Toom-Kooli 17, 10130 Tallinn, Estonia and choose the Estonian Chamber of Commerce and Industry to resolve disputes. The arbitration will be conducted confidentially, by a single arbitrator following the rules of the Court of International Commercial Arbitration, in the English language and with limited disclosure.

18.7 The parties agree that all disputes and claims related to these Terms or the use of the Application Services will be resolved individually. If either party prevails in a dispute based on these Terms of Use, such party shall be entitled to costs and attorneys' fees.

18.8 The arbitration award may be enforced in court according to the User's jurisdiction.

19.1 Rubicoin provides support to Users of the Application. By accepting the Terms, Users have the opportunity to contact Rubicoin support at any time convenient for them by sending a request to Ця електронна адреса захищена від спам-ботів. Вам необхідно увімкнути JavaScript, щоб побачити її. or using the functionality of the Application. Users must provide their User ID, so their request will be processed. Reasons for the request may be:
19.1.1 Questions related to the provided Services, as well as suggestions for their improvement.
19.1.2 Contacting if any Application Services are unavailable.
19.1.3 Reporting errors or other problems in the operation of the Application.

19.2 Rubicoin will analyze the User’s request within 24-48 hours after sending it to support. The response time from the support team is not fixed and depends on the quality of the provided information or the detection of a Terms violation. If the User’s message does not meet the standards or violations of the Terms, the support team reserves the right not to respond.

19.3 When contacting the support service, Rubicoin asks Users to be sincere, provide only reliable information, avoid rudeness and offensive language, be polite and friendly, and respect public human rights.

19.4 To get answers to general questions about using the Application, such as questions about Services, Rubicon Wallet, payment systems, exchanges, and transactions with Digital Assets with cryptocurrencies, the User can use the FAQ section.

19.5 We would also like to point out that we are not responsible if any User or third party pretends to be Rubicoin, asking you for any information. Please be careful and make sure you have contact with Rubicoin support. User support is provided exclusively by contacting us by email at Ця електронна адреса захищена від спам-ботів. Вам необхідно увімкнути JavaScript, щоб побачити її. and/or through the functionality of the Application.

20.1 These Terms imply the complete understanding and agreement between Rubicoin and the Users concerning the Application. Users agree to rely only on these Terms.

20.2 If any part of these Terms of Use is found to be invalid or for any reason unenforceable, that part will be deemed severable and severed from the rest of the Terms without affecting their validity, legality and/or enforceability.

20.3 Users agree that Rubicoin has the right to assign and/or subcontract any rights under these Terms without notice or consent from the User.

20.4 Users can provide public feedback on the Application, and in this context, Rubicoin may copy, disclose, license, distribute and use such feedback without limitation on intellectual property rights or other grounds. Public Users’ reviews are not considered confidential information.

20.5 Your agreement to the Rubicoin Terms of Use constitutes personal consent and is not transferable or assigned to third parties.

Rubicoin Software Company OÜ

Vesivarava tn 50-201

Tallinn

10152

Ця електронна адреса захищена від спам-ботів. Вам необхідно увімкнути JavaScript, щоб побачити її.