Service Availability and Uptime Guarantee

Last Updated on July 5, 2026

Welcome to Marketeq Digital Inc. (hereinafter referred to as "Marketeq," "we," "us," or "our"). This Service Availability and Uptime document (the "Policy") describes Marketeq's approach to the availability of its website, digital products, and services (collectively, the "Services") and the basis on which availability is provided. While Marketeq strives to keep the Services available and reliable, availability is subject to a range of factors, some of which are beyond our control. By accessing or using the Services, you acknowledge and agree to this Policy. If you do not agree with this Policy, you should refrain from using the Services.

1. Purpose and Scope

The purpose of this Policy is to describe Marketeq's approach to service availability and to clarify the basis on which the Services are made available. This Policy applies to the availability of the Services generally and supplements any service level commitments that may be set out in a specific service agreement. It reflects the reality that no online service can guarantee uninterrupted availability. This Policy should be read together with our Product and Service Warranty Disclaimer and Force Majeure Disclaimer. It is intended to clarify our position regarding availability.

2. Commitment to Availability

Marketeq strives to make the Services available and reliable and takes reasonable measures to support their continuity. We seek to design and operate our systems in a manner that promotes availability and to address issues that affect access. However, we do not guarantee that the Services will be available at all times or without interruption. Our commitment to availability is a commitment to reasonable effort rather than a guarantee of uninterrupted access. We prioritize the reliability of the Services within the constraints described in this Policy.

3. No Guarantee of Uninterrupted Access

Except as expressly provided in a specific service agreement, Marketeq does not guarantee any particular level of availability or uptime for the Services. The Services may be unavailable or interrupted from time to time due to various factors, including maintenance, technical issues, and circumstances beyond our control. You should not rely on continuous availability of the Services for time-sensitive or business-critical purposes unless a specific service level has been agreed. Where a service level commitment applies, it is set out in the applicable agreement. In the absence of such a commitment, the Services are provided without any uptime guarantee.

4. Scheduled Maintenance

Marketeq may perform scheduled maintenance on the Services to support their security, performance, and reliability. During scheduled maintenance, the Services or certain features may be temporarily unavailable. Where practicable, we seek to perform maintenance in a manner that minimizes disruption and, where appropriate, to provide advance notice of significant planned maintenance. Periods of scheduled maintenance are generally not counted as unavailability for the purposes of any applicable service level commitment. Maintenance is an important part of keeping the Services secure and reliable.

5. Factors Affecting Availability

The availability of the Services may be affected by factors including technical issues, capacity constraints, third-party dependencies, network conditions, security events, and circumstances beyond our reasonable control. Disruptions to third-party services or infrastructure on which the Services rely may affect availability, and Marketeq is not responsible for such third-party disruptions. Events of force majeure, as described in our Force Majeure Disclaimer, may also affect availability. We seek to address availability issues within our control, but some factors are outside our influence. Availability is influenced by a combination of factors, not all of which we can control.

6. Service Level Commitments

Any specific service level commitment, including any uptime target or associated remedy, applies only where it is expressly set out in a service agreement between you and Marketeq. Where such a commitment applies, its terms, including any exclusions and remedies, govern. In the absence of an express service level commitment, this Policy applies, and the Services are provided without any guaranteed level of availability. Service level commitments typically exclude periods of scheduled maintenance and events beyond the provider's control. The terms of any applicable service level commitment take precedence over the general statements in this Policy.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Marketeq shall not be liable for any loss or damage arising from the unavailability or interruption of the Services, except to the extent expressly provided in an applicable service level commitment. The limitations set out in our Limitation of Liability document apply to this Policy. You should take appropriate precautions, such as maintaining backups and contingency plans, to protect against the effects of unavailability. Your own preparedness helps to mitigate the impact of interruptions. This Policy allocates the risk associated with service availability.

8. Changes to This Policy

Marketeq reserves the right to modify or update this Service Availability and Uptime document at any time to reflect changes in our practices or legal requirements. Any changes will become effective upon posting the revised Policy, and your continued use of the Services following such posting constitutes acceptance of the changes. It is your responsibility to review this Policy periodically.

9. Contact Information

If you have any questions or concerns regarding this Service Availability and Uptime document, please contact us at legal@marketeqdigital.com. We are committed to addressing your inquiries promptly and professionally.