Terms of Soneium Score
Soneium Score Terms of Service
Effective Date: August 28, 2025
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, use or participation in, and/or attempted access, use or participation in Soneium Score (which references shall include the website https://portal.soneium.org).
By accessing, using or participating, and/or attempting to access, use or participate in Soneium Score, 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, use or participate in, and/or attempt to access, use or participate in Sonieum Score.
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 Score
Soneium Score is organised by SBS Labs to reward users of Soneium based on their on-chain activities on Soneium and to distribute badges (“SC Badge”) to users based on their level of activity on Soneium. To access Soneium Score, users are required to connect a compatible cryptocurrency wallet software (“Wallet”).
Upon connecting your Wallet in Soneium Score, the on-chain activities on Soneium undertaken by the Wallet’s underlying address will be visualised in various formats, calculated into a score based on a methodology determined in our sole discretion (“Engagement Score”), and assembled into a dashboard displayed on Soneium Score. Any SC Badges that are in the Wallet address will also be displayed on the dashboard.
If the Engagement Score is above the indicated threshold stated on Soneium Score (as determined in our sole discretion), then you will be eligible to claim a SC Badge by clicking the relevant link(s) on Soneium Score and following the on-screen instructions.
Further terms and conditions on the Soneium Score (“Soneium Score Terms”) will be announced by SBS Labs from time to time or displayed on Soneium Score, including but not limited to the duration of Soneium Score, SC Badge distribution frequency, SC Badge designs and the Soneium Score methodology. You acknowledge and agree that Soneium Score Terms announced by SBS Labs or links on Soneium Score to the Soneium Score Terms shall be deemed to be incorporated by reference thereto in these Terms of Service. SBS Labs reserves the right to determine and/or amend the Soneium Score Terms from time to time in its sole discretion.
The SC Badge is a soulbound non-fungible token on Soneium. You acknowledge that the SC Badge is non-transferable from the Wallet address that claimed the SC Badge. You further acknowledge and agree that each SC Badge is not, and is not intended to constitute, capital markets products, securities or securities-based derivatives contracts of any form, units in a business trust, units in a collective investment scheme or any other form of investment in any jurisdiction, or a medium of exchange accepted by the public (or a section of the public) as payment for goods or services or for discharge of a debt.
SBS Labs grants you a perpetual, royalty-free, worldwide, non-sublicensable, and non-exclusive licence to display the art associated with the SC Badge in your Wallet address for personal and non-commercial purposes. SBS Labs reserves the right to determine and/or amend the terms and conditions of the SC Badge in its sole discretion.
For the avoidance of doubt, SBS Labs does not operate, control or own your Wallet and Wallet address when it is connected to Soneium Score. We do not have control or custody over the assets in your Wallet address. 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 Soneium Score will function with your Wallet.
2. Eligibility
By accessing, using or participating in Soneium Score, you represent and warrant 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;
- if you are participating on behalf of a legal entity, you further represent and warrant that (a) such legal entity is duly organised and validly existing under the applicable laws of the legal entity; and (b) you are duly authorised by such legal entity to act on its behalf;
- you 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);
- you will not conduct, promote, or otherwise facilitate any illegal activity or undertake any Prohibited Activities (as defined in Section 5);
- you and/or the legal entity you represent 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; and
- you will provide information and supporting documents as reasonably requested by us for the purposes of complying with applicable laws and regulations, or to verify your identity in order to comply with laws and regulations governing digital assets, safeguard the integrity of Soneium Score, and/or reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions.
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 Soneium Score. If you are blocked by SBS Labs from accessing Soneium Score (including by blocking your IP address, account or wallet address), 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).
3. Modifications to Soneium Score
We reserve the right in our sole discretion to modify, upgrade, suspend, or discontinue, whether temporarily or permanently, Soneium Score (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 Soneium Score.
4. Your Responsibilities
Between you and us, you will be solely responsible for your use of Soneium Score. All information displayed on Soneium Score (including information generated based on the on-chain activities on Soneium undertaken by the Wallet you connect) 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 Soneium Score and/or SC Badge, 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, use or participate in Soneium Score 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.
5. Prohibited Activities
When accessing, using and/or participating in Soneium Score, 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 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 Soneium Score, 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 access and/or participation in Soneium Score by other users (including sending false information or spam, or 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) Access, use and/or participate in Soneium Score for purposes that diverge from the intended purpose and/or usage of Soneium Score;
(viii) Download, distribute, make available for public transmission, alter, operate, reverse engineer, decompile, disassemble, delete or perform similar actions to all or part of Soneium Score 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 Soneium Score);
(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 Soneium Score by imposing excessive load on the server or other components of Soneium Score, making excessive requests beyond the scope of legitimate exercise of the rights hereunder, or engaging in any other similar activities;
(xi) Use Soneium Score in a way that is dangerous, harmful, fraudulent, misleading, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(xii) Violate, compromise, or interfere with the security, integrity, or availability of any computer, network, or technology associated with Soneium Score, including accessing, using or participating Soneium Score in a manner that constitutes excessive or abusive usage, attempts to disrupt, attack, or interfere with other users or participants, or otherwise impacts the stability of Soneium Score;
(xiii) Violate any other provisions of these Terms of Service; and
(xiv) Engage in any other activities which SBS Labs reasonably deems inappropriate.
SBS Labs reserves the right to block your access to Soneium Score, 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 Soneium Score. 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 Soneium Score, and view, disclose, and preserve such records within a scope allowed by laws and regulations.
6. Intellectual Property Rights
Soneium Score: SBS Labs hereby grants you permission to use and access Soneium Score subject always to these Terms of Service. In accessing or using Soneium Score, you acknowledge and agree that SBS Labs retains ownership of all rights, title and interest, as well as any updates or modifications to Soneium Score. 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.
Portal Content: You acknowledge and agree that the Soneium Score may contain content or features ("Portal 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 Soneium Score or the Portal Content, in whole or in part. Any use of the Soneium Score or the Portal 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 Soneium Score may be the 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 Soneium Score should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the SBS Labs Trademarks displayed on Soneium Score. 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 Soneium Score ("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.
You hereby authorize SBS Labs and its third-party service providers to derive statistical and usage data relating to your use of the Soneium Score ("Usage Data"). We may use the Usage Data for any purpose in accordance with applicable laws and our Privacy Policy.
7. Third-Party Services
There may be links or access in Soneium Score to third-party websites, applications, code or any other third party content (“Third Party Content”). By accessing, using or relying on any Third Party Content, you do so entirely at your own risk. You further agree that your use of such Third Party Content will be governed by its applicable terms, not these Terms of Service. For the avoidance of doubt, SBS Labs does not operate or control any Third Party Content, unless otherwise expressly stated. We will have no responsibility or liability for any loss or damage resulted from any Third Party Content.
8. 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.
9. 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 access, use or participation in Soneium Score, 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, use and participation in Soneium Score. 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, use or participation in Soneium Score. 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.
10. Disclaimer
YOUR ACCESS, USE OR PARTICIPATION IN SONEIUM SCORE IS AT YOUR SOLE RISK. SONEIUM SCORE (INCLUDING THE SC BADGES AND INFORMATION PROVIDED, GENERATED OR DISPLAYED) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SBS LABS ENTITIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO SONEIUM SCORE (INCLUDING THE SC BADGES AND INFORMATION PROVIDED, GENERATED OR DISPLAYED), WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SBS LABS ENTITIES DO NOT GUARANTEE THE ACCURACY OF ANY INFORMATION OR DATA PROVIDED, GENERATED OR DISPLAYED ON SONEIUM SCORE, WHICH MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS, OR OTHER ERRORS.
IN ADDITION, SBS LABS ENTITIES MAKE NO REPRESENTATION, WARRANTY, UNDERTAKING, GUARANTEE OR ASSURANCE (WHETHER EXPRESS OR IMPLIED) WITH RESPECT TO SONEIUM SCORE, INCLUDING BUT NOT LIMITED THAT (A) IT WILL MEET YOUR REQUIREMENTS; (B) SONEIUM SCORE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR- FREE, OR FREE OF VULNERABILITIES OR VIRUSES OR BUGS; (C) THE INFORMATION PROVIDED, GENERATED OR DISPLAYED ON SONEIUM SCORE WILL BE ACCURATE OR RELIABLE; OR (D) THE SECURITY MEASURES OF SONEIUM SCORE. SONEIUM SCORE MAY CEASE TO OPERATE OR EXPERIENCE SYSTEM FAILURES OR UNPLANNED INTERRUPTIONS, WHETHER DUE TO DEFECTS, REGULATORY ACTIONS OR OTHERWISE.
YOU ACKNOWLEDGE THAT YOU MIGHT BE UNABLE TO ACCESS THE CONTENTS 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. WITHOUT LIMITING THE FOREGOING, YOU ALSO UNDERSTAND THAT THERE MAY BE TAX AND REGULATORY RISKS RELATED TO PATICIPATING IN SONEIUM SCORE. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER, AND TO WHAT EXTENT, ANY TAXES APPLY TO ANY TRANSACTIONS YOU CONDUCT IN CONNECTION WITH YOUR PARTICIPATION IN SONEIUM SCORE, AND TO WITHHOLD, COLLECT, REPORT AND REMIT THE CORRECT AMOUNTS OF TAXES TO THE APPROPRIATE TAX AUTHORITIES.
YOU ACKNOWLEDGE THAT WE MAINTAIN NO CONTROL OVER YOUR WALLET AND/OR WALLET ADDRESS, AND CONSEQUENTLY ARE NOT CUSTODIANS OF YOUR DIGITAL ASSETS. WE ARE NOT RESPONSIBLE FOR ANY RISKS AND INCIDENTS (INCLUDING FRAUD, THEFT, IMPERSONATION, UNAUTHORIZED ACCESS, AND/OR ANY OTHER CRIMES) ASSOCIATED WITH YOUR USE OF SONEIUM SCORE AND CANNOT BE HELD LIABLE FOR ANY RESULTING LOSSES THAT YOU EXPERIENCE WHILE ACCESSING OR USING SONEIUM SCORE.
11. 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 SONEIUM SCORE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SONEIUM SCORE; (D) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO SONEIUM SCORE; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH SONEIUM SCORE; (F) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, ANY CONTENT MADE AVAILABLE THROUGH SONEIUM SCORE; OR (G) ANY OTHER MATTER RELATING TO SONEIUM SCORE. IN NO EVENT WILL THE SBS LABS ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED 50 SINGAPORE DOLLARS; 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 SONEIUM SCORE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF SONEIUM SCORE.
12. 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.
13. 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), Soneium Score, 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.
14. 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 Soneium Score, please see our Privacy Policy. If you are based outside the EEA, UK and Switzerland, by using Soneium Score, you consent to our collection, use and disclosure of personal data and other data as outlined therein.
15. 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 this 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, use or participation in, and/or attempted access, use or participation in Soneium Score, you acknowledge that you have read, understood and agreed to be bound by these 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) Soneium Score. 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.
16. 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 third parties, 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.
17. 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 Soneium Score, and supersede any prior agreements between you and SBS Labs with respect to Soneium Score.
18. 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.
19. 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.
20. 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.
21. Notice
Notices to you may be made via either email or regular mail. We 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 this website.
22. 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 Soneium Score.