Terms of Service

Last updated on Jan 19, 2024

These Terms of Service (“Terms of Service”), constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you" or “user”) and Neobrix Pte. Ltd. (“Singularity”, “we", “us", or “our") concerning your access to and use of our proprietary technology platform “Singularity” which allows applications built on distributed ledger technology to easily provide user management, wallet management, NFT management, NFT checkout, payment acceptance and other capabilities (“Services”) and may be made available on any media form, includes websites, mobile applications or any other form coming into existence in the future (collectively, the “Platform”). For the purpose of these Terms of Service, “VDAs” shall mean virtual digital assets such as NFTs, tokens or any other form of virtual digital assets that may be created in the future by Singularity for App Developers and made available on applications of the App Developers (hereinafter defined).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. YOU AGREE AND UNDERSTAND THAT THE PLATFORM AND SERVICES ARE MADE AVAILABLE TO YOU ONLY SUBJECT TO YOU AGREEING TO ALL THE TERMS, CONDITIONS, OBLIGATIONS AND COVENANTS SET OUT IN THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES OR THE PLATFORM.

Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you of any changes by updating the “Last Updated" date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Platform and Services after the date such revised Terms of Service are posted.

The information received by use of the Platform and Services are not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, any persons who access the Platform or avail the Services while breaking their local laws are doing it on their own initiative and will have to deal with the consequences when applicable and hereby agrees to irrevocably waive any claim against us arising from breach of this paragraph.

All Services made available by us are provided exclusively on the basis of these Terms of Service. Any general terms and conditions of the user shall expressly not form part of the agreement with us, even if we do not expressly object to their applicability

1. Eligibility to access the Platform and use the Services

By signing up on the Platform or using of the Services, you agree that you are either 18 years of age or older or possess legal parental or guardian consent, and that you are fully able and competent to understand and accept this Terms of Service as a binding act and to abide by these Terms of Service and all other applicable rules and policies of Singularity. If you are younger than 13 years of age, you are not allowed to use the Services. If you are between 13 and 18 years of age you require the consent of your parents or legal guardians for using the Services and by accessing the Services, you agree that your parent or legal guardian has consented to your use of the Services and have created an account in their name on the Platform. If your parent or legal guarding does not consent to your use of the Services or to create an account in their name and you are under 18 years of age, you shall not use the Services.

You cannot use the Services if (1) the Office of Foreign Assets Control of the United States Treasury Department lists you as a specially designated national and/or blocked person; (2) the Bureau of Industry and Security of the United States Department of Commerce lists you on its denied persons list or lists of parties of concern; or (3) you’re on any similar list promulgated by an official agency or department of the United States or Singapore governments.

To the extent permitted under applicable law, Singularity rejects and declines any responsibility regarding any activities conducted by a person under 18 years old without the permission of a parent. If you are a parent or legal guarding and you give your consent or permission for your child to access the Platform and avail the Services, you thereby agree to the terms relating to use of the Services by your child.

2. Privacy Policy

These Terms of Service also includes the Privacy Policy relating to the collection, use and disclosure of your information. Please read the Privacy Policy carefully. By using the Services and accessing the Platform, you are consenting to the Privacy Policy.

3. Creation of Accounts

A. Users

The Platform and Services are made available by Singularity on applications hosted by third-party application developers (“App Developers”). You hereby understand and agree that, Singularity has executed agreements to offer their Services and the Platform through the applications offered by such App Developers, but use of the actual application shall be subject to the terms and conditions as specified by such App Developers, and Singularity shall not have any liability to you or any other user regarding the contents of the applications offered by the App Developers.

On applications where the App Developers support the use of the Platform and Services, the user shall have the option to create an account with Singularity (“Account”) and sign-in to their Account and avail the Services when they use the application. You may create an account by logging in through any of methods permitted by the App Developer and supported by Singularity, including but not limited to, your Facebook account, Gmail account or by providing your email address and creating a password. On creating an Account:

(a) You may access the Platform by logging in to your Account on different devices using the same log-in credentials; and

(b) enables us to offer you the Services; and

(c) a non-custodial blockchain wallet is created against the Account for provision of the Services;

When creating an account, Singularity will collect certain personal information which may be received from you directly or from the entity (such as Facebook or Google) whose account is used to log in to the Platform. This information will be held and used in accordance with our Privacy Policy.

Further on creation of the non-custodial blockchain wallet linked to the Account, you shall be provided with the private keys for accessing your blockchain wallet. To ensure protection of your private keys, Singularity further provides recovery services to the users as a part of the Services whereby the Platform maintains a back-up of the private keys linked to your Account. Such back-up of the private key will be divided into recovery shards, in a way that Singularity or any party cannot on its own use the private key provided to each user. All of the shards shall be encrypted using encryption techniques linked to the log-in credentials used to access the Account. One of the three shards will be permanently stored on your device, and one as part of a decentralized network for recovery purposes where one of the other two shards are lost. None of the recovery shards will be directly usable by Singularity and can only be used by the user through their log-in credentials and through their device. Whenever the user wants, the user will be provided with one or both backup recovery shards which can be used to authenticate the user’s access to the blockchain wallet and make transactions using such blockchain wallet.

You may delete your account at any time by requesting our customer support team to delete your Account. We will use commercially reasonable efforts to respond to your request. The Platform may have an option to delete the Account by clicking on the “Delete data” option in the settings menu of the Platform or you may contact our customer support at [e-mail] to request account deletion. On deletion of the Account, Singularity shall delete all personal data that is maintained in relation to the User, subject to retention of such data for such periods as may be required to comply with applicable law or for any dispute resolution purpose. All copies of the private key recovery shards maintained with Singularity shall be deleted on termination of the Account. The user should ensure that the private keys are securely stored by them before deletion of the Account as once deleted, Singularity cannot recreate the same nor shall Singularity be liable for any claims arising from the users failure to store their private key.

You are solely responsible for the activity that occurs through your Account. You shall be solely responsible for maintaining the confidentiality of your login credentials and passwords used by you. You may not share your Account with a third party or use the account of a third-party. In the event you share your log-in credentials including passwords with any third parties, your private keys may be accessible to such third parties and may cause losses to you for which Singularity will not be liable in any manner. You are responsible for ensuring that you retain your log-in credentials and loss of log-in credentials may lead to loss of the private key recovery shards maintained with the Platform. In the event of any issue with regard to your log-in credentials, your sole recourse will be to contact the App Developer or the entity providing the log-in credentials and Singularity will not have any liability for the same.

Where you sell any VDA as permitted by the App Developer through Singularity, you represent and warrant that you are the owner of such VDA and you shall not offer such VDA in any jurisdiction where such VDA may be deemed to be “securities” or contains any content prohibited in such jurisdiction. You shall be liable to any and all claims arising from breach of this paragraph.

B. App Developers

App Developers who wish to offer the Platform and Services through their applications shall create an account with Singularity (“Developer Account”), and shall comply with these Terms of Service, Privacy Policy and such additional terms as may be intimated by Singularity from time to time.

The App Developers can create a Developer Account by signing up using their official email through the admin console made available by Singularity on s9y.xyz, or by other means as supported by Singularity.

Once the Developer Account is created, the App Developer shall be allowed to test and integrate the Platform and Services in to the application and shall be provided with certain confidential information, instructions and documentation for use of the test version of the Platform and Services.

If the App Developer wishes to go live, they shall be onboarded by Singularity as a partner and shall provide information required by Singularity for onboarding the App Developer.

Each App Developer shall appoint an authorised representative who shall manage the Developer Account. All actions using the Developer Account shall be deemed to be done by such authorised representative. Singularity shall communicate all Developer Account related matters to the authorised representative and the App Developer agrees and accepts that communication to such representative shall be deemed to be communication to the App Developer.

Each App Developer may require users to create an account with such App Developer for use of the Platform. In such event, access to a user’s Account shall be based on the log-in credentials created with the App Developer, and the App Developer shall be responsible for ensuring that the user is able to access the application and through the application the Platform and Services. As the private key recovery shards will be linked to the log-in created for the user, the same will be linked to the Account created with such App Developer and any issues with the log-in credentials shall be the responsibility of the App Developer.

By agreeing to avail the Services you hereby agree that Singularity shall have the right, throughout the period you continue use of the services, to include the App Developer’s trademarks or logos in its advertising or promotional literature, free of charge, without requirement of any further consent from the App Developer.

It shall be the responsibility of the App Developer to ensure that all VDAs made available on the application by the App Developer or offered to any users through Singularity shall be compliant with all applicable laws and shall not include any content that is prohibited in the jurisdictions where such VDAs are offered for sale. The App Developer represents and warrants that it shall comply with all applicable laws in making the VDAs available to its users and shall ensure that all VDAs offered on its application are not deemed to be “securities” as defined in the jurisdiction where such VDAs are made available. The App Developer shall be liable to any and all claims arising from breach of this paragraph.

C. Restrictive Covenants

By creating a User Account or Developer Account and using the Services and Platform, you agree not to

i. copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivate works from all or any part of the Services, Platform or the materials or software on it, or provided to you through it without our prior written consent (which may be given or withheld in our absolute discretion);

ii. use the Platform or the Services on it, or provided to you through it, for:

• any unlawful purpose or in contravention of applicable law;

• commercial exploitation without our prior written consent; and

• any purpose or in any manner that may give a false or misleading impression of us, our staff, or our services.

iii. establish a link to the from any other website, intranet, or extranet site without our prior written consent

iv. decompile, disassemble, or reverse engineer (or attempt to do any of them) any of the software in the Platform or Services;

v. do anything that may interfere with or disrupt the Platform or Services;

vi. encourage or permit others to do any of the above;

vii. publicly criticize, disparage, call into disrepute, or otherwise defame or slander Singularity and any of its officers, directors, members, or employees.

viii. stalk, harass, threaten, or defraud other Users;

ix. use any unauthorized third-party software designed to modify or interfere with or provide automated access to or use of the Platform and Services;

x. develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs, or other “cheat utility” software programs or applications in violation of the applicable license agreements;

xi. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform or Services;

xii. attempt to collect any personal information about any users or to disclose such information;

xiii. share the User-Accounts, Developer Accounts or other information that let anyone else use your User IDs or Developer Accounts;

xiv. use a buying agent or purchasing agent to make purchases on the Platform;

xv. access another user’s account without permission;

xvi. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

xvii. assist, permit or encourage any party in engaging in any of the activities described hereinabove.

D. Representations and Warranties

You (both the user and App Developer) also represent and warrant that you will comply with all applicable laws (e.g., local, state, central and other laws) when using the Platform and Services. Without limiting the foregoing, by using the Services, you represent and warrant that: (1) all information you submit will be true, accurate, current, and complete, shall continue to be true, accurate and complete during your use of the Services and Platform and you shall promptly update such information as necessary; (2) you have the legal capacity and you agree to comply with these Terms of Service; (3) you are not a minor in the jurisdiction in which you reside; (4) you will not access the Platform or Services through automated and non-human means, whether through a bot, script or otherwise. (6) you will not use the Services or Platform for any illegal and unauthorized purpose or violate any applicable law by using the same;

E. Communication

Pursuant to creation of a Developer Account or User ID, we may send local or push notifications to your mobile device to make you aware of updates, promotional events, information and other relevant messages regarding the Platform and Services. You can manage push notifications from your device’s settings page.

Also, if you choose to share your e-mail address with us, we may send e-mail to your e-mail account to make you aware of updates, promotional events, new information, and other relevant messages regarding the Services. If you do not want to receive our e-mail notification, please opt out using the opt out methods mentioned in the communications.

You further agree that we may also send messages to you by way of SMS, if you choose to share such information with us. If you, at any time, wish to discontinue receiving communications from us, you agree to notify us by contacting us.

4. Purchases and Payments

Payments for any purchases of VDAs from the Platform shall be made through third-party payment service providers where such payments are made in fiat and through blockchain where such payments are made in cryptocurrencies. At the time of making payments in fiat, the user shall be redirected to the payment page of such third-party payment service provider where the user shall have the option of making payments through the various modes offered by the third-party payment service provider. Singularity’s Services will redirect the user to the third-party payment service provider that provides the best services to you and has the highest success rate. In the event of payment in cryptocurrencies the transaction may be done through smart contracts. Based on the instructions received from App Developers and the Sellers (who may be other users who purchase the VDA from the App Developers, or other sellers who's VDAs the App Developer allows to be sold on their application), where applicable, Singularity will create the smart contracts through which payments may be processed on the blockchain. Other than acting on the instructions received from App Developers and the sellers, we will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. All smart contracts are created subject to the instructions received, and Singularity has no liability for incorrect instructions shared by any party. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Platform of the Services. On making payments for any VDAs, the amount paid by the user shall be sent to the App Developer's or Seller's blockchain account after deduction of commission by Singularity and the VDA shall be transferred to the Account of the user by the App Developer / Seller.

Users and App Developers further agree and understand that where the services of third-party payment service providers are used for making payments, the terms and conditions, privacy policies and fees of the such third-party payment service providers shall become applicable. The Users and App Developers further consent to Singularity sharing information with the third-party payment service providers in relation to the transactions for enabling the transactions to be processed.

As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Services and the Platform (including, without limitation, any Taxes that may become payable as the result of your purchase, ownership or transfer of any VDAs). Except for income taxes levied on Singularity, you: (i) will pay or reimburse us for all national, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms of Service.

5. Errors and refunds

Singularity does not offer any refunds to users of Services, except as we may choose to offer at our sole discretion. In connection with the NFT Checkout Service, if Singularity cannot purchase the NFT due to an error in the smart contract, Singularity will cancel the transaction and instruct third-party payment service providers to refund the amounts back to the user, minus any applicable fees. Other than the foregoing, all transactions through the Services are permanent and non-reversible. If you believe a transaction was conducted fraudulently, please alert your bank or card issuer, as applicable, and follow their instructions.

Please note that Singularity does not support transactions that you attempt using tokens, chains or other means that are not supported by the Platform. For example, if you send an unsupported currency in a transaction on the Platform, Singularity cannot recover or refund such transactions.

Singularity, is not responsible for any delays or errors in the provision of the Services, including, but not limited to, delays in the purchase of NFTs for you from a third party, including if such delays or errors are caused by you, your service provider (e.g., your bank), your internet connection or internet service provider.

The Service relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.

6. Fees

Singularity may charge Platform Fees for some or part of the Services we make available to you, including wallet management, transaction and processing fees, blockchain gas or similar network fees. We will disclose the amount of fees we will charge you for the applicable Service at the time you access, use or otherwise transact with the Services. Although we will attempt to provide accurate fee information, any such information reflects our estimate of fees, which may vary from the fees actually paid to use the Services and interact with the applicable blockchain with which the Services are compatible. In certain cases, your transaction may not be successful due to an error with the blockchain. We accept no responsibility or liability to you for any such failed transactions, or any transaction or gas fees that may be incurred by you in connection with such failed transactions. You acknowledge and agree that all information you provide with regards to a transaction via the Services, including, without limitation, credit card, bank transfers, VDAs or other payment information, is accurate, current and complete, and you have the legal right to use such payment method.

You may incur charges and fees from third parties, your financial institution or external wallet provider for use of any third party services linked to or accessed through the Services. Under no circumstances shall we incur any liability of any kind to you arising from or relating to fees charged to you by such third parties linked to or accessed through the Services. In addition, it is your responsibility to ensure you have sufficient funds or digital currency in your designated bank account or external wallet to complete any purchases using the Services. You are responsible for any non-sufficient funds or overdraft fees imposed by third parties.

7. Rewards

Singularity may offer promotional programs, including usage based and referral promotions from time to time. You must be an eligible user to participate in these programs. We will disclose the details of the program at the time you access, use or otherwise transact with the Services. We retain the right to modify, suspend or cancel these programs at any time. Any earned rewards can only be earned in your linked accounts, and would be paid out following eligibility checks performed by Singularity.

By participating in such programs, you agree that you understand the terms of the program and will not misuse the program for fraudulent gains. Any misuse of the program, as determined solely by Singularity, may result in the termination of your account and forfeiture of any earned rewards.

8. License

A. Ownership of Platform and Services

Singularity owns, has licensed, or otherwise has the right to use all of the content and materials that appear in the Services and the Platform, including, without limitation, designs, text, graphics, pictures, video, information, applications, software, music, sound, other files, a user account, and their selection and arrangement, which are all protected by law from unauthorized use.

By using the Services and the Platform, you agree that no content or materials that appear on the Platform may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited, without the express prior written permission of Singularity, expect that the foregoing does not apply to your VDAs and other virtual assets that are purchased by you or made available for purchased by others.

All other uses of copyrighted content and materials, including any derivative use, requires express prior written permission from Singularity. Any reproduction or redistribution of the content and materials not in accordance with the Terms of Service is expressly prohibited and may result in severe civil and criminal penalties.

By using the Services or by accessing any materials posted on the Platform by Singularity, or derivative works thereof, you acknowledge that you do not acquire any ownership rights. Further all data created from your interaction with the Platform and Services shall belong to Singularity.

All rights not expressly granted to you in these Terms of Use are reserved by Singularity

B. Ownership of Virtual Digital Assets

All other third-party trademarks, registered trademarks, and product names mentioned on the Platform and Services or contained in the content linked to or associated with any VDAs or other virtual digital assets displayed on the Platform are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Singularity.

VDAs may be subject to terms directly between buyers and sellers with respect to the use of the relevant VDA content and benefits associated with a given VDA (“Purchase Terms”). The App Developers or third parties who own such VDAs may be subject to additional Purchase Terms governing the use of the VDA that you will be required to comply with. Singularity is not a party to any such Purchase Terms, which are solely between the buyer and the seller. The buyer and seller are entirely responsible for communicating, promulgating, agreeing to, and enforcing Purchase Terms. You are solely responsible for reviewing such Purchase Terms.

C. Ownership of App

All other third-party trademarks, registered trademarks, and product names mentioned on the applications where the Services are provided or contained in the content linked to or associated with any application displayed on the Platform are the property of their respective App Developer and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Singularity.

D. Feedback and Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform and Services (“Feedback and Submissions") provided by you to us are non-confidential and shall become our sole property. You hereby agree that we shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Feedback and Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you and that all such Feedback and Submissions shall be assigned in our favour. You hereby waive any moral rights to any such Feedback and Submissions, and you hereby warrant that any such Feedback and Submissions are original or that you have the right to submit such Feedback and Submissions. You agree that all such Feedback and Submissions are assigned in favour of Singularity and you hereby waive any and all claims against Singularity for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback and Submissions.

9. Third Party Advertising

The Platform and Services may feature advertisements from third parties or provide links to third party websites or vendors who may invite you to participate in a promotional offers. Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. Singularity makes no representation or warranty regarding any content, goods and/or services provided by any third party and will not be liable for any claim relating to any third-party content, goods and/or services. The linked sites are not under the control of Singularity and may collect data or solicit personal information from you. Singularity is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.

10. Disclaimers & Limitation of Liability

‌A. Warranty Disclaimer

You expressly understand and agree that your use of the Platform and Services are at your sole risk. The Platform and Services are provided on an “AS IS” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties or merchantability, fitness for a particular purpose or non-infringement. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to or use the Platform or Services; how you may interpret or use the Platform or Services; or what actions you may take as a result of having been exposed to our Platform or Services. You release Singularity from all liability for you having acquired or not acquired information, VDAs, cryptographic tokens and other assets through the Platform or Services. Singularity makes no representations concerning any content (which includes text, images, audio, code and other materials) contained in or accessed through the Platform or Services, and Singularity will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Platform or Services.

Singularity does not operate a Blockchain Asset exchange platform, and therefore, has no oversight, involvement, or control concerning your transactions using the Singularity Services. All transactions between users of Services are executed peer-to-peer directly between the users' blockchain wallet addresses through smart contracts. You are responsible for complying with all laws that may be applicable to or govern your use of the Singularity Services.

B. Sophistication and Risk of Blockchain and Cryptographic Systems

‌By utilizing the Services and Platform in any way, you represent that you understand the inherent risks associated with cryptographic systems and warrant that you have an understanding of the usage and intricacies of native cryptographic tokens, such as Ether (ETH) and USDC, smart contract systems and smart contract based tokens such as VDAs, NFTs, and blockchain-based software systems.

‌C. Risk of Regulatory Actions in One or More Jurisdictions

‌Singularity could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of Singularity to continue or develop, or which could impede or limit your ability to access or use the Services or the Platform.

D. Risk of Weaknesses or Exploits in the Field of Cryptography

‌You acknowledge and understand that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies and our Services, which could result in the theft or loss of your cryptographic tokens or property. To the extent possible, Singularity intends to update the protocol underlying Services to account for any advances in cryptography and to incorporate additional security measures, but does not guarantee or otherwise represent full security of the system. By using the Services or Platform, you acknowledge these inherent risks.

Further there are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any VDAs.

‌E. Volatility of VDAs, Crypto Currencies, and Tokens

‌You understand that blockchain technologies and associated currencies or tokens or NFTs are highly volatile due to many factors including but not limited to adoption, speculation, technology and security risks. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the blockchain. You acknowledge these risks and represent that Singularity cannot be held liable for such fluctuations or increased costs.

‌F. Application Security

‌You acknowledge that decentralised applications are code subject to flaws and acknowledge that you are solely responsible for evaluating any code and applications provided by the Services and the trustworthiness of any third-party websites, products, smart-contracts you access or use through the Services. Our Services and the services of the third-party platforms we use, including wallet management and payments, may be subject to certain exploits and Singularity is not responsible for any such exploits. While we have taken a number of precautions to ensure the security of the Services, and intend to continue to upgrade our Services to account for known bugs, the technology is relatively new and it is not possible to guarantee that the code is 100% free from bugs or errors. Users accept all risks that arise from using the Services, including, and not limited to, the risk of any assets or funds being lost due to an exploit.

You further expressly acknowledge and represent that blockchain based applications can be written maliciously or negligently, that Singularity cannot be held liable for your interaction with such applications and that such applications may cause the loss of property or even identity. This warning and others later provided by Singularity in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Services.

G. Third Party Services

The Services rely on third-party platforms and/or vendors (including, without limitation, Dapps, Swaps, Bridges, Decentralized shard storage). If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Services may suffer.

When using a Dapp or other blockchain based third-party platforms, you understand that you are at no time transferring your assets to us. We do not have control over the content provided by third-party platforms, and are not responsible for the availability or legitimacy of, the content, products or services on or accessible from those third-party services. We make no warranties or representations, express or implied, about such linked third-party services, the third-parties they are owned and operated by, the information contained on them or the suitability of their products or services. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party website, applications, or resources.

H. Disclaimers

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE PLATFORM AND SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SINGULARITY NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF SINGULARITY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SERVICES; THE USE OR THE INABILITY TO USE THE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN THE SERVICES); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SERVICES OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SERVICES.

‌SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, WHERE SUCH LIMITATIONS ARE BARRED BY LAW, SUCH LIMITATIONS MAY NOT APPLY TO YOU.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT SINGULARITY, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, AND EMPLOYEES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ANY OF THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OR APP DEVELOPERS AND THAT THE RISK OF THE PLATFORM AND SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

11. Indemnification

You agree to release and to indemnify, defend and hold harmless Singularity and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorney’s fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Services or the Platform, your violation of these Terms of Service, and any of your acts or omissions that implicate publicity rights, defamation, invasion of privacy or breach of applicable laws. Singularity reserves the right, as its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us in the defence of such matter.

12. Termination, Changes and Suspension

Singularity may terminate or suspend all or part of the Services and your Platform and Account access immediately, without prior notice or liability, for any reason, including, without limitation, if you breach any of the terms or conditions of the Terms. Singularity may also, in its sole discretion, discontinue providing the Services, or any part thereof, with or without notice. Upon termination of your access, your right to use the Services and Platform will immediately cease.

‌The following provisions of the Terms survive any termination of these Terms: INDEMNITY; DISCLAIMERS AND LIMITATION ON LIABILITY; INTELLECTUAL PROPERTY RIGHTS; LINKS; TERMINATION AND SUSPENSION; GOVERNING LAW.

We reserve the right to withdraw, modify, alter, update or amend the Services (including any aspect, feature, functionality or other element thereof) in our sole discretion without notice. Additionally, the Services may, as applicable, be delayed, restricted, forfeited, or ultimately unavailable due to certain laws and regulations governing our Services as well as certain circumstances and conditions associated with your use of the Services. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to Users.

13. Force Majeure

Singularity shall not be liable and to the extent, that the performance or delay in performance of any of its obligations are prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control and without the fault or negligence of such Party, including but not limited to change in legislation, fire, flood, explosion, epidemic, pandemic accident, act of God, war, riot, strike, lockout, traffic, or other concerted act of workmen and/or act of Government. Singularity may at its sole discretion withdraw the Platform and Services if a Force Majeure event occurs.

14. Third party rights

Nothing in these Terms and Conditions is intended to nor shall it confer a benefit on any third party who is not a party to these Terms of Service and such third party has no rights to enforce them.

15. Waiver.

No delay or decision not to enforce rights under these terms and conditions will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.

16. Governing law and Dispute Resolution

These Terms and Conditions shall be governed in all respects by the laws of Singapore and any disputes or legal proceeding arising out of these Terms of Service shall be subject to exclusive jurisdiction of the courts located in Singapore.

17. Severability

If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

18. Contact Information

If You have any grievance, comment, question, or suggestion regarding any of our Services, please contact our customer service at [e-mail]. If any If You have any questions concerning Singularity, the Platform and Services, these Terms of Service, or anything related to any of the foregoing, Singularity can be reached at the following email address [e-mail].

19. Grievance Redressal

Singularity believes in ensuring that all the users of the Platform and Services are able to get best experience available. Therefore, we believe in addressing any grievances or concerns that the users have with regard to the Platform or Services.

We assure you that Singularity will make all reasonable endeavours to address the grievance made by You at the latest within 30 days from the date of receipt of the grievance.

A grievance will be treated as closed if You communicate Your acceptance of the response received from the customer care team or where You fail to respond to the response received from the customer care team within 10 days.

If you are not satisfied with the response received from the customer care team you can escalate the matter to the Grievance Officer. The details of the Grievance Officer are as follows:

Name: Aditya Gupta

Contact Details: [e-mail]

Designation: CEO