Terms of Service

Soneium Sequencer Terms of Service

Effective Date: January 14, 2025

Soneium is an optimistic rollup layer-two blockchain protocol that operates with the Ethereum blockchain. These Terms of Service (these "Terms of Service") constitute a legally binding contract made between you ("you" or "your") and Sony Block Solutions Labs Pte. Ltd. ("SBS Labs," "we," "us," or "our") that governs your access or use, and/or attempted access or use, of the Soneium Sequencer (the "Service").

By accessing or using, and/or attempting to access or use the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service. If you do not accept these Terms of Service, you are not permitted to and should not access or use, and/or attempt to access or use, any of the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN ARBITRATION AGREEMENT AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE ARBITRATION AGREEMENT REQUIRES THAT YOU SUBMIT ANY CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SBS LABS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

1. Soneium

Soneium is an optimistic rollup layer-two blockchain protocol that operates with the Ethereum blockchain. Soneium is built using the OP Stack, which is a collection of open source software that is approved, standardized and shared by the Optimism Collective. The Optimism Collective is the decentralized, representative body of Optimism governance. Subsequent to the deployment of Soneium using the OP Stack, certain rights and authorities to upgrade or modify the L1 protocol smart contracts for Soneium are governed through the Optimism governance structure, with implementation managed by the Optimism Security Council. Participants on the Optimism Security Council are appointed by and accountable to Optimism governance. We do not manage or control Soneium, the Optimism Collective, or the Optimism Security Council. We, as a provider of the Service, do not take custody or control over (including the ability to transfer) any users’ digital assets on Soneium.

There may be smart contract protocols deployed by third parties on Soneium that allow a user to "bridge" digital assets from a blockchain protocol (e.g. Ethereum) to Soneium ("Bridging Contracts"). Such third parties, and not SBS Labs, are responsible for compliance with any applicable laws relating to such Bridging Contracts. The Bridging Contracts are not (whether directly or indirectly) developed, deployed, operated, controlled, owned or managed by us. We do not have control (whether direct or indirect) over the Bridging Contracts, or the ability to control or access the digital assets that are locked under any of the Bridging Contracts.

The Bridging Contracts are intended to be accessed through user interfaces ("Bridge UIs") provided by external third parties. A user may utilize the Bridging Contracts through the Bridge UIs solely for the purpose of transferring digital assets from the user’s wallet address on the layer-one blockchain to the same wallet address on Soneium (and vice versa).

The Bridge UIs are not (whether directly or indirectly) developed, deployed, operated, controlled, owned or managed by us. We do not have control (whether direct or indirect) over any Bridge UIs. Digital assets that are bridged to Soneium function as a digital representation of the digital asset existing on the sending blockchain protocol. The bridged digital assets do not grant user any additional rights going beyond the rights stemming from the user’s locked digital assets.

There is no native digital token for Soneium. In addition, we do not deploy any smart contracts with token issuance functionality on Soneium nor issue ourselves any digital tokens on Soneium. While third parties may deploy digital tokens on Soneium, none of the digital tokens on Soneium are part of the Service.

2. The Service

The Soneium Sequencer that we operate is a node that collects, validates, records and aggregates transactions on Soneium for submission on Ethereum. As part of the Service, we also generate blocks on Soneium which serve as immediate "soft confirmations" to users of Soneium, prior to the final "hard confirmation" that occurs after transaction data is posted to Ethereum and verified.

In connection with the Service, we do not (whether directly or indirectly) have the ability to (whether on your behalf or otherwise) (1) modify the content of transactions sent by users to the Soneium Sequencer, (2) access, manage or control user’s cryptographic private key or other means of access to user’s digital assets (including those which relate to digital assets locked in a Bridging Contract), or (3) access, manage, control or undertake transactions relating to the user’s assets in his/her Wallet other than receiving fees from the user for use of the Service.

We reserve the right to charge fees associated with the use of the Service at the time you send a transaction to the Soneium Sequencer. The actual collection of fees occurs when the transaction is successfully processed and finalized on the Soneium L2 network. These fees are charged for processing L2 transactions and are non-refundable, regardless of whether the transaction submission to Ethereum is successful or not. You acknowledge that we have the authority to screen certain transactions being submitted to the Soneium Sequencer, and the sole discretion to modify the parameter settings (such as gas fee configuration) of using the Service. We make no representations or warranties about the speed at which any transaction on Soneium may be processed.

The Service is purely a technical activity that is strictly limited to offering technical infrastructure and tools facilitate access to certain crypto-asset-related functionalities. The Service is not, and shall not be implied or deemed, to be any payment services regulated by laws and regulations of any jurisdiction, expressly including any of the following payment services under the Payment Services Act 2019 of Singapore: (1) dealing in digital payment tokens; (2) facilitating the exchange of digital payment tokens; (3) the transmission or transfer (or arranging for the transmission or transfer) of digital payment tokens from one digital wallet to another; (4) inducing or attempting to induce any person to enter into or offer to enter into any agreement for or with a view to buying or selling any digital payment token; (5) safeguarding or custody of digital payment tokens; or (6) carrying out instructions for any user relating to any digital payment token.

YOU HEREBY ACKNOWLEDGE AND AGREE TO ALL OF THE MATTERS SET OUT IN SECTION 1 AND 2 ABOVE, AND THAT YOUR ACCESS OR USE, AND/OR ATTEMPTED ACCESS OR USE, OF SONEIUM IS AT YOUR SOLE RISK. SBS LABS ENTITIES (AS DEFINED IN SECTION 10) EXPRESSLY DISCLAIMS ALL AND MAKES NO REPRESENTATION, WARRANTY, UNDERTAKING, GUARANTEE OR ASSURANCE OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO SONEIUM.

3. Access to the Service

You represent that you are at least 18 years old or older than the age of majority in your jurisdiction, if older, or otherwise capable of forming a binding contract in accordance with the applicable laws and regulations of your jurisdiction, and your access to and use of the Service will fully comply with all applicable laws and regulations (including, but not limited to, laws and regulations relating to the provision of financial and/or payment services, anti-money laundering, anti-terrorism, data protection and privacy, sanctions, and trade restrictions), and that you will not access or use the Service to conduct, promote, or otherwise facilitate any illegal activity or undertake any Prohibited Activities (as defined in Section 6). For the avoidance of doubt, you will comply with all applicable sanctions laws, regulations and rules, including, but not limited to, those administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control ("OFAC"), the Monetary Authority of Singapore and any other authorities in applicable jurisdictions. The Service may not be used: (i) in Afghanistan, Belarus, the Crimea region of Ukraine, Cuba, so-called Donetsk People’s Republic, Iran, so-called Luhansk People’s Republic, Myanmar, North Korea, Russia, or Syria; (ii) by or for the specific benefit of any individual, entity or group (x) involved in the proliferation of weapons of mass destruction, drug trafficking, or terrorist activities or (y) listed on the lists maintained by OFAC including the Specially Designated Nationals and Blocked Persons List, Foreign Sanctions Evaders List, Sectoral Sanctions Identifications List, and Correspondent Account or Payable-Through Account List, such as international criminal organizations; (iii) by any entity 50% or more of which is owned in aggregate or controlled by any such individual, entity or group to which paragraph (ii) is applicable; or (iv) for any other use without a license or governmental approval, if required.

You must not use any software or networking techniques, including use of a Virtual Private Network ("VPN") or The Onion Router ("TOR"), to modify your internet protocol address or otherwise circumvent or attempt to circumvent any restrictions imposed by us on access to the Service.

If SBS Labs determines in its sole discretion that you have breached or may be in breach of your obligation under these Terms of Service, we reserve all rights to block your access to the Service, transactions using the Service, and any interests in property as required by law. If you are blocked by SBS Labs from accessing the Service (including by blocking your IP address, account or wallet address) or from implementing a transaction using the Service, you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

To use the Service and Soneium, you are required to connect a compatible cryptocurrency wallet software ("Wallet"). For the avoidance of doubt, SBS Labs, as a provider of the Service, currently does not operate, control, own or maintain any user’s Wallet. We do not have control or custody over the assets in your Wallet. Your relationship with any Wallet service provider is governed by the applicable terms with the provider of the Wallet, not these Terms of Service. You are responsible for safeguarding the private key associated with your Wallet and any activity relating to your Wallet. We make no representations, warranty or undertaking on how the Service will function with your Wallet.

We reserve the right, but have no obligation, to request additional information to verify your identity in order to comply with laws and regulations governing digital assets, safeguard the integrity of the Service, and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions. Information that we may request, or seek to confirm, may include full legal name, mailing address, phone number, date of birth, taxpayer identification number, bank account information, and a form of government-issued identification.

4. Modifications to Service

We reserve the right in our sole discretion to modify, upgrade, suspend, or discontinue, whether temporarily or permanently, the Service (or any features or elements thereof) at any time and without liability. You agree that SBS Labs will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

5. Your Responsibilities

Between you and us, you will be solely responsible for your use of the Service (including applications, smart contracts, tokens, products, or services available on Soneium, hereinafter the same in this section). All information provided to you in connection with the Service is for informational purposes only and should not be construed as professional, financial, investment and/or other advice, recommendations or solicitations. You should not take or refrain from taking any action based on such information. Before you make any financial, legal, tax or other decisions involving the Service, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate. Your decision to access or use the Service shall be made entirely based on your own knowledge and judgment.

You are responsible for maintaining the confidentiality of your credentials and are fully responsible for all activities that occur under your credentials.

You agree that you are solely responsible for your interactions with any other user in connection with the Service, and SBS Labs will have no liability or responsibility with respect thereto. SBS Labs reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

6. Prohibited Activities

When using the Service (including applications, smart contracts, tokens, products, or services available on Soneium, hereinafter the same in this section), you shall not attempt or perform any of the following actions, and you shall not cooperate with a third party, or encourage a third party, to take such actions (collectively, the "Prohibited Activities"):

(i) Infringe SBS Labs' or a third party’s rights or legally protected interests (including intellectual property rights, trade secrets, honor, privacy, portrait rights, publicity rights, and ownership);

(ii) Violate any applicable laws and regulations (including, without limitation, any applicable financial or payment services laws and regulations), court decisions, or any other legally binding dispositions mandated by government agencies or regulatory bodies, or violate public order and morals;

(iii) Violate any applicable anti-money laundering laws, anti-terrorism laws, export control laws, end user restrictions, privacy laws, or economic sanctions laws/regulations, including those administered by the U.S. Department of Treasury’s Office of Foreign Assets Control;

(iv) Upload, communicate or transmit information, aimed at SBS Labs or a third party or in a publicly accessible part of the Service, that is insulting, defamatory, or slanderous, or contains expressions or any kind of communication that may cause discomfort to others or that are anti-social (including expressions that are excessively violent, overtly sexual, or prone to discrimination);

(v) Engage in bullying, harassment, impersonation or any other act that hinders the smooth use of the Service by other users (including sending false information or spam, and obstructing the communications of other users);

(vi) Illicitly collect or use other people’s personal information and other information concerning their privacy, as well as passwords and other private information, or publicly release or otherwise disclose such information to third parties;

(vii) Use the Service for purposes that diverge from the intended usage of the Service;

(viii) Download, distribute, make available for public transmission, alter, operate, reverse engineer, decompile, disassemble, delete or perform similar actions to all or part of the Service beyond a scope explicitly permitted by SBS Labs (including actions that invalidate or circumvent functions such as content protection and access control, as well as intentional exploitation of any defects within the Service);

(ix) Incorporate or execute viruses or other malicious programs, computer code, files, program or data on information terminals, network devices, systems and other such technology that are controlled by SBS Labs or a third party with the intent or effect of inhibiting their proper functioning, interrupting, destroying or limiting their functionality, interfering with or controlling their operation, or viewing, acquiring, or destroying data stored therein;

(x) Interfere with the normal and smooth operation of the Service by imposing excessive load on the server or other components of the Service, making excessive requests beyond the scope of legitimate exercise of the rights hereunder, or engaging in any other similar activities;

(xi) Use the Service in a way that is dangerous, harmful, fraudulent, misleading, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

(xii) Engage in wash trading, front running, pump and dump trading, ramping, cornering, or other deceptive or manipulative trading activities while using the Service;

(xiii) Violate, compromise, or interfere with the security, integrity, or availability of any computer, network, or technology associated with the Service, including using the Service in a manner that constitutes excessive or abusive usage, attempts to disrupt, attack, or interfere with other users, or otherwise impacts the stability of the Service;

(xiv) Violate any other provisions of these Terms of Service; and

(xv) Engage in any other activities which SBS Labs reasonably deems inappropriate.

SBS Labs reserves the right to block your access to the Service and transactions using the Service, and take other measures, if SBS Labs determines in its sole discretion that you have breached or may be in breach of your obligations under these Terms of Service.

Except when required by laws and regulations, SBS Labs has no duty to monitor your online activities on the Service (including communications). However, for legitimate purposes such as to ensure compliance with laws and regulations as well as these Terms of Service, SBS Labs reserves the right to record your online activities on the Service, and view, disclose, and preserve such records within a scope allowed by laws and regulations.

7. Intellectual Property Rights

Service: SBS Labs hereby grants you permission to use and access the Service subject always to the Terms of Service. In accessing or using the Service, you acknowledge and agree that SBS Labs retains ownership of all rights, title and interest, as well as any updates or modifications to the Service. This includes but is not limited to, the content, material, information, data, software, images, text, logos, illustrations, scripts, Service marks, trademarks, logo, audio, video, music and the overall design and look.

Service Content: You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by SBS Labs, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part; however, the foregoing does not apply to the content and materials ("User Content") that you send to the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Trademarks: The SBS Labs name and logos and certain other logos and trademarks are trademarks and Service marks of SBS Labs (collectively, the "SBS Labs Trademarks"). Other company, product, and Service names and logos used and displayed via the Service may be trademarks or Service marks of their respective owners who may or may not endorse or be affiliated with or connected to SBS Labs. Without our prior written permission in each instance, nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the SBS Labs Trademarks displayed on the Service. All goodwill generated from the use of the SBS Labs Trademarks will inure to our exclusive benefit. Unless otherwise specified by SBS Labs, any use of the Soneium logo, symbol or network icon on any applications, smart contracts, tokens, products and Service does not imply any involvement, control, or endorsement by SBS Labs.

Feedback: ‍If you provide us with any feedback or suggestions regarding the Service ("Feedback"), you hereby assign to SBS Labs all rights to such Feedback and agree that SBS Labs shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. SBS Labs will treat any Feedback you provide us with as non-confidential and non-proprietary. You agree that you will not submit to us any Feedback or other information or ideas that you consider to be confidential or proprietary and that you do not have the required permission and consent to submit.

User Content: You represent and warrant that you own all right, title and interest in and to the User Content that you send to the Service, including all copyrights and publicity rights contained therein. You hereby grant SBS Labs and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual and irrevocable license to copy, upload, post, publish, display, perform, distribute, store, modify and otherwise use such User Content for the purpose of operating the Service and for the duration we operate the Service. You assume all risks associated with your User Content and the transmission of your User Content, and you are solely responsible for the accuracy, quality, legality and appropriateness of your User Content.

You hereby authorize SBS Labs and its third-party service providers to derive statistical and usage data relating to your use of the Service ("Usage Data"). We may use the Usage Data for any purpose in accordance with applicable laws and our Privacy Policy.

You acknowledge and agree that SBS Labs may preserve your User Content and may also disclose your User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property or personal safety of SBS Labs, its users or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks and (ii) changes to conform and adapt to the technical requirements of connecting networks or devices.

8. Third-Party Activities on Soneium

We have no control over the activities of third parties on Soneium ("Third Party Activities"), including but not limited to building applications on or compatible with Soneium, deploying smart contracts (such as the Bridging Contracts) to interact with Soneium, deploying digital tokens on Soneium, undertaking transactions on Soneium, or using services and applications (such as the Bridge UIs) relating to Soneium. Unless otherwise expressly notified by us, none of the applications, products or services available on Soneium are developed, operated, controlled, owned or managed by SBS Labs. You acknowledge that none of the third party applications, products or services are part of the Service.

The inclusion of or reference to any Third-Party Activities is not, and shall not be implied or deemed, to be any approval, validation, recommendation or endorsement by us. We make no representation, warranties undertakings, covenants, guarantees, assurances with respect to any aspect of the Third-Party Activities, including but not limited to the security, availability, accuracy, reliability, legality or applicable terms. We do not assume any responsibility or liability for the Third-Party Activities whatsoever, including any damage or loss caused by your use or access or reliance of any Third-Party Activities.

Any dealings you have with third parties while using the Service, the Third Party Activities or Soneium are between you and the third parties. Your access and use of the Third-Party Activities may be subject to additional terms and conditions, privacy policies or other agreements with such third parties. You should conduct your own independent due diligence and investigations on the Third-Party Activities. You acknowledge that you use or access the Third-Party Activities at your sole risk. You are solely liable for any fees, costs and expenses in respect of the use or access of the Third-Party Activities.

9. No Fiduciary Duties

You acknowledge and agree that our status shall be that of an independent contractor. These Terms of Service are not intended to and do not, create or impose any fiduciary duties on us. None of SBS Labs, its directors, shareholders, employees or sub-contractors shall be deemed to be your agent or partner whatsoever. To the maximum extent permitted by applicable laws, you acknowledge and agree that SBS Labs (including its directors, shareholders, employees or sub-contractors) owe no fiduciary duties or liabilities to you or any other party. You hereby irrevocably and unconditionally waive any duties or liabilities of SBS Labs that may exist under applicable laws. We do not owe you any duties or obligations except for those expressly stated in these Terms of Service.

10. Indemnification and Release

You agree to defend, indemnify and hold harmless SBS Labs, its affiliates, and its and their respective officers, employees, directors, service providers, licensors and agents (collectively, the "SBS Labs Entities") from any and all losses, damages and expenses, including any reasonable attorneys’ fees, rights, claims, actions of any kind and injuries (including death) arising out of or relating to your use of the Service, your own applications, any User Content, your connection to the Service, your use of any Third-Party Activities, your use of Soneium, your violation of these Terms of Service, your violation of any rights of another, or your breach of any laws or regulations (including, without limitation, your breach of any financial or payment services laws or regulations). SBS Labs will provide you with notice of any such claim, suit or proceeding. SBS Labs reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section, and you agree to cooperate with any reasonable requests by SBS Labs for its defense of such matter. You may not settle or compromise any claim against the SBS Labs Entities without SBS Labs’ prior written consent.

You expressly agree to assume all risks in connection with your access and use of the Service, your use of any Third-Party Activities, or your use of Soneium. You further expressly waive and release the SBS Labs Entities from any and all liability, claims, causes of action, damages, rights, obligations, expenses or judgments of every kind and nature whatsoever, whether now known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law, admiralty, or equity (collectively, "Claims") arising from or in any way relating to your access to or use of the Service, your use of any Third-Party Activities, or your use of Soneium. If you are a California resident, you acknowledge that the Claims released under this section may include unknown claims, and you expressly, knowingly and intentionally waive any and all rights, benefits and protections of California Civil Code Section 1542 and any other state or federal statute or common law principle limiting the scope of a release. California Civil Code Section 1542 reads as follows: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

11. Disclaimer

YOUR ACCESS OR USE OF THE SERVICE AND SONEIUM IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SBS LABS ENTITIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE OR SONEIUM, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE SBS LABS ENTITIES MAKE NO REPRESENTATION, WARRANTY, UNDERTAKING, GUARANTEE OR ASSURANCE (WHETHER EXPRESS OR IMPLIED) WITH RESPECT TO THE SERVICE OR SONEIUM, INCLUDING BUT NOT LIMITED THAT (A) THE SERVICE OR SONEIUM WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE OR SONEIUM WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VULNERABILITIES OR VIRUSES OR BUGS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR SONEIUM WILL BE ACCURATE OR RELIABLE; OR (D) THE SECURITY MEASURES OF THE SERVICE OR SONEIUM. THE SERVICE OR SONEIUM MAY CEASE TO OPERATE OR EXPERIENCE SYSTEM FAILURES OR UNPLANNED INTERRUPTIONS, WHETHER DUE TO DEFECTS, REGULATORY ACTIONS OR OTHERWISE.

BY ACCESSING AND USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS, AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND INTRICACIES OF DIGITAL ASSETS, SUCH AS THOSE FOLLOWING THE ETHEREUM TOKEN STANDARD (ERC-20) AND BRIDGING ACROSS DIFFERENT BLOCKCHAIN SOLUTIONS. YOU ACKNOWLEDGE AND ACCEPT THAT THE COST AND SPEED OF TRANSACTING WITH CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS SUCH AS ETHEREUM BLOCKCHAIN ARE VARIABLE AND MAY INCREASE DRAMATICALLY AT ANY TIME. YOU FURTHER ACKNOWLEDGE AND ACCEPT THE RISK THAT IT MAY TAKE TIME FOR THE SERVICE TO PROCESS YOUR TRANSACTION AND YOUR DIGITAL ASSETS MAY LOSE SOME OR ALL OF THEIR VALUE DUE TO THE FLUCTUATION OF PRICES OF DIGITAL ASSETS WHILE THEY ARE BEING PROCESSED BY THE SERVICE OR THE DELAY OR PRIORITY OF COMPLETION OF THE TRANSACTION. YOU UNDERSTAND THAT ANYONE CAN CREATE A TOKEN, INCLUDING FAKE VERSIONS OF EXISTING TOKENS AND TOKENS THAT FALSELY CLAIM TO REPRESENT PROJECTS. YOU FURTHER ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY OF THESE VARIABLES OR RISKS AND CANNOT BE HELD LIABLE FOR ANY RESULTING LOSSES THAT YOU EXPERIENCE WHILE ACCESSING OR USING THE SERVICE OR SONEIUM. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE SERVICE AND SONEIUM. YOU ACKNOWLEDGE THAT YOU MIGHT BE UNABLE TO ACCESS THE CONTENT IN YOUR WALLET AND TRANSACT WITH THE CONTENTS IF YOU LOSE YOUR WALLET SEED PHRASE, PRIVATE KEYS, PASSWORD, OR ANY OTHER INFORMATION WHICH ENABLE YOU TO TRANSFER YOUR DIGITAL ASSETS. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR WALLET AND THE CONFIDENTIALITY OF ANY PRIVATE KEY WITH RESPECT TO YOUR WALLET.

SONEIUM MAY BE SUBJECT TO UPGRADES BY THE OPTIMISM COLLECTIVE FROM TIME TO TIME. WE HAVE NO CONTROL OVER ANY UPGRADE. UPGRADES ARE APPROVED AND DEPLOYED BY THE OPTIMISM COLLECTIVE. UPGRADES MAY CAUSE OR INTRODUCE BUGS, VIRUSES, VULNERABILITIES, RISKS, INTERRUPTION TO THE OPERATION OF THE SERVICE AND/OR SONEIUM, OR CAUSE YOU LOSS OR DAMAGE. YOU SHOULD CONDUCT YOUR OWN INDEPENDENT DUE DILIGENCE BEFORE USING THE SERVICE OR SONEIUM AT ALL TIMES. YOU ARE RESPONSIBLE FOR YOUR USE OF THE SERVICE OR SONEIUM REGARDLESS OF ANY UPGRADES.

WITHOUT LIMITING THE FOREGOING, YOU ALSO UNDERSTAND THAT THERE MAY BE TAX AND REGULATORY RISKS RELATED TO USING THE SERVICE. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER, AND TO WHAT EXTENT, ANY TAXES APPLY TO ANY TRANSACTIONS YOU CONDUCT IN CONNECTION WITH YOUR USE OF THE SERVICE, AND TO WITHHOLD, COLLECT, REPORT AND REMIT THE CORRECT AMOUNTS OF TAXES TO THE APPROPRIATE TAX AUTHORITIES.

DIGITAL ASSETS, BLOCKCHAIN TECHNOLOGY, AND ANY RELATED SOFTWARE AND SERVICES ARE ALSO SUBJECT TO LEGAL AND REGULATORY UNCERTAINTY IN ANY JURISDICTIONS. THERE MAY BE NO REGULATORY RECOURSE FOR ANY LOSS RESULTING FROM TRANSACTIONS YOU MAY MAKE IN CONNECTION WITH THE SERVICE. YOU ALSO UNDERSTAND THAT LEGISLATIVE AND REGULATORY CHANGES OR ACTIONS MAY ADVERSELY AFFECT THE USAGE, TRANSFERABILITY, TRANSACTABILITY AND ACCESSIBILITY OF DIGITAL ASSETS, BRIDGING, SONEIUM, OR THE SERVICE.

YOU ACKNOWLEDGE THAT WE MAINTAIN NO CONTROL OVER SONEIUM OR YOUR DIGITAL ASSETS, AND CONSEQUENTLY ARE NOT CUSTODIANS OF YOUR DIGITAL ASSETS, ARE NOT RESPONSIBLE FOR ANY RISKS AND INCIDENTS (INCLUDING FRAUD, THEFT, IMPERSONATION, UNAUTHORIZED ACCESS, AND ANY OTHER CRIMES) ASSOCIATED WITH YOUR USE OF THE SERVICE OR SONEIUM AND CANNOT BE HELD LIABLE FOR ANY RESULTING LOSSES THAT YOU EXPERIENCE WHILE ACCESSING OR USING THE SERVICE OR SONEIUM.

12. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SBS LABS ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SBS LABS ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE OR SONEIUM; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE OR SONEIUM; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (E) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO THE SERVICE OR SONEIUM; (F) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE OR SONEIUM; (G) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE OR SONEIUM; OR (H) ANY OTHER MATTER RELATING TO THE SERVICE OR SONEIUM. IN NO EVENT WILL THE SBS LABS ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE FEES YOU HAVE PAID SBS LABS FOR USE OF THE SERVICE (MINUS GAS FEES PAID OR PAYABLE FOR TRANSACTIONS TO BE PROCESSED ON THE ETHEREUM BLOCKCHAIN) FOR THE LAST SIX (6) MONTHS, OR ONE HUNDRED SINGAPORE DOLLARS (100 SGD), WHICHEVER IS THE GREATER; PROVIDED, HOWEVER, THAT THE LIMITATIONS SET FORTH ABOVE SHALL NOT APPLY TO ANY LOSS OR DAMAGE RELATED TO OR ARISING FROM SBS LABS’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

13. Governing Law

These Terms of Service will be governed by the laws of Singapore without regard to its conflict of law provisions. If statutory consumer protection regulations applicable to you contain provisions that are more beneficial for you as a consumer, to the extent these cannot be excluded thereunder, these will apply to you accordingly as well.

14. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Arbitration Agreement

This Dispute Resolution section is referred to in these Terms of Service as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and SBS Labs Entities, whether arising out of, relating to or in connection with these Terms of Service (including any alleged breach thereof, or any question regarding the existence, validity or termination of these Terms of Service), the Service, any advertising, or any aspect of the relationship or transactions between you and SBS Labs Entities, will be referred to and resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. You agree that, by entering into these Terms of Service, you and SBS Labs Entities are each knowingly, voluntarily and intentionally waiving the right to a trial by jury or to participate in a class lawsuit in respect of any dispute or claim arising out of, relating to, or in connection with these Terms of Service.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND SBS LABS ENTITES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SBS LABS ENTITIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR COMBINE TWO OR MORE PERSONS’ OR PARTIES’ CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE SUCH RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), WITH THE EXCEPTION THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER THE APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Pre-Arbitration Dispute Resolution

SBS Labs Entities are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by Customer Support here. If such efforts prove unsuccessful, the party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to the SBS Labs Entity you have a dispute should be sent to 105 Cecil Street, #24-02 The Octagon, Singapore 069534 ("SBS Labs Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute, (ii) set forth the specific relief sought and (iii) specify the customer’s notice address ("Customer Notice Address"). If you and the SBS Labs Entity do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the SBS Labs Entity may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or the SBS Labs Entity will not be disclosed to the arbitrator until after the arbitrator determines the amount to which you or the SBS Labs Entity is entitled, if any. You agree that any Notice from the SBS Labs Entity can be sent to you at the Customer Notice Address.

A Notice shall be deemed to have been duly served five (5) calendar days after posting and in proving the same it shall be sufficient to show proof of posting issued by the relevant postal authorities or courier service provider.

Procedures

Arbitration shall be administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the SIAC ("SIAC Rules") in force at the time the Claim is submitted, the rules of which are deemed to be incorporated by reference thereto in this section of these Terms of Service. The seat of arbitration shall be Singapore. The tribunal shall consist of one (1) neutral arbitrator to be appointed in accordance with the SIAC Rules for the time being in force, and the language of the arbitration shall be in English. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. The law governing this arbitration agreement shall be the laws of Singapore.

Unless you and the SBS Labs Entity you have a dispute agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. Regardless of the way the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient in explaining the essential findings and conclusions on which the award is based.

Costs

Payment of all filing, administration, and arbitrator fees will be governed by the SIAC Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the SIAC Rules.

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be kept strictly confidential for the benefit of all parties, save where such information is required to be disclosed pursuant to any legal process issued by any court or tribunal.

Severability

The parties hereby agree that if a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, such term or provision shall be deemed to be replaced with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable in accordance with such modification. If a court or the arbitrator decides that any of the provisions of the subsection above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, the entirety of this Arbitration Agreement will be null and void as a result thereof, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

15. Privacy Policy

For more information regarding how we collect, use, store and otherwise process the data, which may include personal data in relation to the use of Service, please see our Privacy Policy. If you are based outside the EEA, UK and Switzerland, by using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

16. Changes to Terms

We reserve the right, at our sole discretion, to change or modify any portion of these Terms of Service at any time. If we do this, we will publicly post the updated Terms of Service on the website and will indicate at the top of this page the date that these Terms of Service were last revised. You may read the current, effective copy of these Terms of Service by visiting the "Terms of Service" link on the website. By continuing your access or use, and/or attempted access or use, any of the Service, you acknowledge that you have read, understood and agreed to be bound by the Terms of Service (including any revisions). If you do not accept and agree to the existing Terms of Service (including any revisions), you should not access, browse, or use (or attempt or continue to access, browse, or use) any of the Service. Without limiting anything set forth elsewhere in these Terms of Service, SBS Labs shall not be liable to you or any third party for any losses suffered by any revisions to the Terms of Service.

17. Force Majeure

SBS Labs will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, interruption in telecommunications or network access or equipment, failure of software, or any other circumstances or causes beyond the reasonable control of SBS Labs.

18. Entire Agreements

These Terms of Service (together with the terms incorporated by reference thereto in these Terms of Service) constitute the entire agreement between you and SBS Labs governing your access to and use of the Service, and supersede any prior agreements between you and SBS Labs with respect to the Service.

19. Non-Waiver of Rights

The failure of SBS Labs to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

20. Severability

If any provision of these Terms of Service is found to be invalid or unenforceable under the applicable law, the parties agree to modify the provision to reflect the parties’ intentions to the maximum extent permitted by law, and the other provisions of these Terms of Service remain in full force and effect.

21. Assignment

You may not assign, convey, transfer or delegate your rights, duties or obligations under these Terms of Service without the prior written consent of SBS Labs. SBS Labs reserves the right to assign or transfer these Terms of Service, in whole or in part, without restriction. Save in respect of the SBS Labs Entities, a person who is not a party to the Terms of Service has no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce any of its terms.

22. Notice

Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the website.

23. Contact

Please contact us here to report any violations of these Terms of Service or to pose any questions regarding the Terms of Service or the Service.