5. CONDITION AND WARRANTY

5.1 Doge Labs is not responsible for a certain success of the Services, in particular not for the conclusion of contracts with regard to the sale and/or purchase of Digital Assets or the transfer of any Digital Assets, and in this respect no warranty rights exist.

5.2 The Services and/or the Digital Assets listed include experimental technology under active development. There is no guarantee that the Services function error-free or have a minimum uptime. Failures in the Services might lead to reduced functioning or no functioning of the Services at all.

5.3 Doge Labs gives no guarantees or warranties with respect to the Services, either expressed or implied. In particular, Doge Labs neither warrants nor guarantees that Doge Labs will continue to provide the Services indefinitely or that the Services are error-free. Such promises made by Doge Labs' employees are invalid.

5.4 Claims in connection with (i) stolen or otherwise lost Digital Assets and funds, (ii) downtime of Doge Labs' servers, (iii) bugs in the Services, and/or (iv) any other disruptions of the Services leading to losses of the User (each case of (i) to (iv) being a "Damaging Event") shall be excluded if

(a) such Damaging Event is caused by outages or other unavailability or disruption due to causes within the control of third parties, Indexers, suppliers or telecommunication providers or otherwise beyond Doge Labs' control; or

(b) the User fails to take any actions upon which Doge Labs' performance is dependent; or

(c) the User fails to use the Services in accordance with Doge Labs' requirements, as stated in these Terms and/or the Platform; or

(d) the User fails to fulfill its obligations as set forth in section 8; or

(e) the User otherwise uses the Services in an improper or inappropriate manner.