Data & Backup Responsibility Policy

1. Purpose of This Policy

1.1 This Policy defines responsibilities relating to data storage, backups, recovery, and retention for websites, eCommerce stores, content, and data hosted as part of the Services.

1.2 The Policy clarifies the respective responsibilities of Arcus AI and the Client to avoid ambiguity regarding data protection and recovery.

2. Data Ownership

2.1 All website content, data, and materials provided by the Client or created for the Client as part of the Services (“Client Data”) remain the property of the Client, subject to the terms of the Services Agreement.

2.2 Arcus AI retains ownership of all platform technology, systems, infrastructure, AI processes, automation, and tooling used to deliver the Services.

3. Backups Provided by Arcus AI

3.1 Arcus AI may perform routine system-level backups as part of platform operations.

3.2 Any backups performed are intended for disaster recovery purposes only and are not guaranteed to be complete, current, or available for individual restoration requests.

3.3 Arcus AI does not guarantee:

• The frequency of backups

• The retention period of backups

• The ability to restore specific files, versions, or data

3.4 Backup processes may change from time to time without notice.

4. Client Backup Responsibilities

4.1 The Client is solely responsible for maintaining independent backups of all website content, data, emails, files, databases, and materials.

4.2 This includes, but is not limited to:

• Website pages and content

• Product data and customer records

• Images, videos, and media

• Email accounts and communications

• Configuration settings and integrations

4.3 The Client must ensure backups are taken prior to:

• Requesting changes or updates

• Installing integrations or plugins

• Providing third-party access

• Making significant content or structural changes

5. Data Loss & Recovery

5.1 Arcus AI shall not be liable for any loss, corruption, deletion, or unavailability of Client Data, except where required by applicable law.

5.2 In the event of data loss, Arcus AI may, at its discretion, attempt recovery using available backups, but does not guarantee success.

5.3 Any recovery or restoration work performed at the Client’s request may be chargeable as an add-on service in accordance with the Services Agreement and Schedule 1.

6. Suspension, Termination & Deletion

6.1 Where Services are suspended or terminated, access to websites, emails, and data may be restricted or removed.

6.2 Client Data may be retained for a limited period following suspension or termination, after which it may be permanently deleted.

6.3 Arcus AI is not responsible for retaining Client Data beyond this period.

6.4 Once deleted, Client Data cannot be recovered.

7. Email Data

7.1 Email data is subject to the same backup limitations as website data.

7.2 The Client is responsible for backing up email accounts, messages, and attachments.

7.3 Arcus AI is not responsible for loss of email data due to deletion, mailbox limits, account suspension, or technical issues.

8. Third-Party Services

8.1 Where the Client uses third-party software, integrations, or services, data backup and recovery obligations may differ.

8.2 Arcus AI is not responsible for backups or recovery of data stored within third-party systems.

8.3 The Client must ensure appropriate backup arrangements are in place for third-party services.

9. Data Protection & Compliance

9.1 Both parties shall comply with applicable data protection laws, including UK GDPR.

9.2 The Client is responsible for ensuring that any personal data collected or processed via the website complies with applicable laws.

9.3 Arcus AI acts as a data processor only to the extent required to deliver the Services.

10. Limitation of Liability

10.1 Nothing in this Policy limits liability that cannot be limited by law.

10.2 Subject to the Services Agreement, Arcus AI’s liability in relation to data loss is limited as set out in Section 17 of the Services Agreement.

11. Changes to This Policy

11.1 Arcus AI may update this Policy from time to time.

11.2 Updated versions will take effect upon publication or notification.

11.3 Continued use of the Services constitutes acceptance of the updated Policy.

12. Governing Law

This Policy is governed by the laws of England and Wales.

END OF DATA & BACKUP RESPONSIBILITY POLICY