Data Loss and Liability Disclaimer Policy

Effective Date: October 27, 2025
Jurisdiction: State of Arkansas, United States

This policy defines BookGur's position and limitations of liability regarding any loss, corruption, or unavailability of data arising from the use of the BookGur platform or associated services.

1. General Statement

BookGur provides tools, automation, and hosting services to assist users in generating, storing, and publishing creative works. While every reasonable effort is made to maintain system reliability and data integrity, BookGur cannot guarantee the preservation or recovery of user data under all circumstances.

Use of the platform implies full acceptance of the risks associated with electronic data creation, storage, and transmission.

2. User Responsibility for Backups

• Users are solely responsible for maintaining independent copies and backups of any manuscripts, images, or other digital assets uploaded or generated through BookGur.
• BookGur's internal backups and redundancy systems exist for operational continuity, not for personalized restoration requests.
• Users should regularly export and locally store their materials to prevent loss caused by accidental deletion, malfunction, or system events.

3. Exclusions of Liability

BookGur, its affiliates, officers, and employees shall not be liable for any loss, damage, or corruption of data resulting from, but not limited to:

1. Hardware or software failure, server outage, or network interruption.
2. Unauthorized access, hacking, or third-party interference beyond BookGur's reasonable control.
3. User error, account compromise, or accidental deletion of data.
4. Use of experimental, AI-generated, or automated features that create or modify files.
5. Force majeure events such as fire, flood, power failure, natural disaster, or governmental action.
6. Scheduled or unscheduled maintenance, migration, or updates.
7. Actions taken in accordance with BookGur's Content Moderation, Abuse, or Disaster Recovery policies.

4. Limitation of Damages

If, notwithstanding the above, BookGur is found legally liable for any data loss or damage, the total cumulative liability shall not exceed the amount paid by the user for BookGur services during the twelve (12) months immediately preceding the event.

This limitation applies to all causes of action, whether in contract, tort, negligence, strict liability, or otherwise.

5. Data Restoration Attempts

• BookGur may, at its sole discretion, attempt to recover deleted or corrupted files from system backups when technically feasible.
• Restoration is not guaranteed and may incur administrative fees.
• BookGur does not guarantee the completeness, timeliness, or accuracy of any restored material.

6. Scheduled Maintenance and Downtime

System maintenance and upgrades may temporarily interrupt services or access to stored data. Where feasible, BookGur provides notice of scheduled maintenance. Users agree that such downtime does not constitute service failure or entitle them to compensation.

7. Third-Party Services

BookGur integrates with external infrastructure providers and APIs. The platform is not responsible for outages, breaches, or data loss occurring on these external systems, including but not limited to cloud hosting, payment processing, or publishing integrations.

8. Indemnification

Users agree to defend, indemnify, and hold harmless BookGur from any claims, liabilities, or damages resulting from data loss, account compromise, or third-party claims related to content stored or transmitted through the platform.

9. Policy Updates

This policy may be updated at any time to reflect new technologies, infrastructure changes, or legal requirements. Continued use of the platform after updates constitutes acceptance of the revised terms.

10. Acknowledgment