Software Performance and Compatibility Disclaimer

Last Updated on July 5, 2026

Welcome to Marketeq Digital Inc. (hereinafter referred to as "Marketeq," "we," "us," or "our"). This Software Performance and Compatibility Disclaimer (the "Disclaimer") describes the basis on which Marketeq provides software, applications, and related digital products (collectively, the "Software") and clarifies the limits of any expectations regarding their performance and compatibility. Software operates within complex and varied technical environments, and its performance and compatibility can be affected by many factors. By accessing or using the Software, you acknowledge and agree to this Disclaimer. If you do not agree with this Disclaimer, you should refrain from using the Software.

1. Purpose and Scope

The purpose of this Disclaimer is to clarify Marketeq's position regarding the performance and compatibility of its Software. This Disclaimer applies to any software, applications, tools, or code made available by Marketeq through the Services or in connection with an engagement. It reflects the reality that software performance and compatibility depend on factors that vary across environments. This Disclaimer should be read together with our Product and Service Warranty Disclaimer. It is intended to set clear expectations regarding Software performance and compatibility.

2. Performance May Vary

The performance of the Software may vary depending on numerous factors, including the hardware, operating system, network conditions, configuration, and other software present in your environment. Marketeq does not warrant that the Software will perform in any particular manner or achieve any particular level of performance in your environment. Performance experienced in one environment may differ from that in another. You are responsible for evaluating whether the Software performs adequately for your needs. We do not guarantee any specific performance outcome.

3. Compatibility Not Guaranteed

Marketeq does not warrant that the Software will be compatible with any particular hardware, operating system, browser, device, or other software, except as expressly stated in an applicable agreement or documentation. Compatibility may be affected by updates or changes to third-party systems, platforms, or components. You are responsible for ensuring that your environment meets any stated requirements and for testing compatibility where appropriate. Changes to your environment or to third-party systems may affect compatibility. We do not guarantee compatibility with all environments.

4. Dependencies on Third-party Systems

The Software may depend on third-party systems, platforms, services, or components, the performance and availability of which are outside Marketeq's control. Changes, disruptions, or discontinuation of third-party dependencies may affect the performance or compatibility of the Software. Marketeq is not responsible for the acts, omissions, or changes of third parties that affect the Software. Further detail regarding third parties is set out in our Third-party Integrations Policy. You acknowledge that reliance on third-party dependencies introduces factors beyond our control.

5. Updates and Changes

Marketeq may update or modify the Software from time to time, and such updates may affect its performance or compatibility. While updates are generally intended to improve the Software, we do not warrant that they will not affect existing functionality or compatibility. You are responsible for keeping your environment appropriately maintained and for testing updates where appropriate. We do not guarantee backward compatibility unless expressly stated. Updates are provided subject to the applicable terms and this Disclaimer.

6. Your Responsibility

You are responsible for evaluating the Software's suitability for your needs and for maintaining an appropriate environment for its use. We encourage you to test the Software in a non-production environment before relying on it for critical purposes, and to maintain backups of important data. Marketeq is not responsible for losses arising from your failure to take reasonable precautions. Your responsible use of the Software helps to reduce the risk of performance or compatibility issues. You assume responsibility for determining whether the Software meets your requirements.

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 performance or compatibility of the Software, including any failure of the Software to perform as expected or to be compatible with your environment. The limitations set out in our Limitation of Liability document apply to this Disclaimer. Your use of the Software is at your own risk. This Disclaimer allocates the risk associated with Software performance and compatibility. We disclaim liability in this regard to the fullest extent permitted by law.

8. Changes to This Disclaimer

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

9. Contact Information

If you have any questions or concerns regarding this Software Performance and Compatibility Disclaimer, please contact us at legal@marketeqdigital.com. We are committed to addressing your inquiries promptly and professionally.