INKY Product Terms of Use

Updated as of October 24, 2025

These INKY Product Terms of Use (“Terms of Use”) govern your use of the INKY email security platform and related services and features, (the “Product”). By purchasing or using the Product, you agree to be bound by these Terms of Use and the Kaseya Master Agreement (the “Master Agreement”) into which these Terms of Use are incorporated (collectively, the “Agreement”). Capitalized terms not defined in these Terms of Use have the meaning given to them in the Master Agreement. The term “you” includes any organization associated with your use of a Product.

If you do not agree to the Agreement both for yourself and your organization, you may not register, access or use the Product.

1. DEFINITIONS

In addition to the definitions set forth in the Kaseya Master Agreement, the following shall apply:

a. “Administrative Console” means the portion of your Product instance that allows you to view current and historical decisions made by the Product, to assess current threats, and to understand your overall email security posture.

b. “Client” means an organization on the behalf of which you use the Product, and which may be: (i) an organization you work for; or (ii) an organization for which you provide Managed Services. Where applicable, the term Client includes “End Users” of the Client.

c. “Content” means the emails (excluding Malicious Data) and other customer data that is analyzed by the Product, including metadata. Kaseya will protect Content and use it in the limited manner as described in the Kaseya Master Agreement.

d. “Dashboard Data” means metadata of the scanned Content retained by Kaseya for purposes of providing the Product to you and to populate your Administrative Console.

e. “Email Account” means an email account linked to an address (such as “[email protected]”) that is owned or controlled by your Client, and that is issued a Product License.

f. “Email Tenant” means the applicable Microsoft 365, Google Workspace (or other email provider) tenant with which the Product interacts and through which the Email Accounts are issued.

g. “End User” means an employee, contractor, other personnel or other agent having a Client-issued Email Account that is issued a Product License.

h. “Kaseya” means Kaseya US, LLC or the Kaseya affiliate from which you purchase the Product, including INKY Technology Corporation.

i. “Learned Data” means data that results from the analysis of Content, and that Kaseya generates to provide and improve the Product and other cyber-security purposes.

j. “Malicious Data” means malware, for example, ransomware, viruses, phishing attempts, potentially unsafe data or other malicious materials in Emails. Malicious Data is not Content.

2. USE OF PRODUCTS

a. Your Right to Use the Product. Subject to your compliance with the Agreement and the receipt by us of all fees applicable to the Product, Kaseya grants you a limited, revocable, non-sublicensable, non-exclusive right and license to access and use the Product during the Committed Service Term of the applicable Subscription, for the number of Licenses purchased.

b. Kaseya’s Right to Process Data. You hereby grant to Kaseya and its respective personnel, subcontractors and agents an irrevocable, royalty-free and worldwide right and license to access, collect, analyze, delete, use and otherwise process:

Content, in order to provide the Product;
Learned Data to improve and enhance Kaseya products and services, and for any other legitimate business purposes; and
Dashboard Data, to display information in the Administrative Console.

Such processing may include, but is not limited to, reading, scanning, and analyzing Content and modifying Content through the Product. Processing may also include the sanitization of Content and rewriting of links to avoid potential Malicious Data.

c. Email Security. Scanning and Treatment of Malicious Data. The Product is an automated defense platform that protects your Client from Malicious Data and phishing attacks. The Product also can be used to reduce the volume of unwanted Emails, such as spam. The Product scans emails and analyzes information gathered through threat engines powered by AI to identify whether an email is Malicious Data. After review, the Product will remove malicious emails or unwanted emails from the End User’s Email Account inbox, or label it with a banner. Email Accounts are scanned in datacenters located in either the United States, Canada or the European Union, as determined by your location.

3. LICENSING, FEES, OVERAGES AND RETENTION

a. Service Subscription Required. To receive Product services, Product Licenses must be included in a valid Product Subscription for which we receive timely payment. A Subscription covers a pool of Licenses that have the same Committed Service Term.

b. Licensing, Fees and Overages. License Fees for the Product are set forth on the applicable Order. Such License Fees are typically invoiced monthly through the Committed Service Term, although an up-front annual payment is available. Product Licenses receive “Committed Minimum Quantity” (or “CMQ”) billing treatment, as described in the Kaseya Master Agreement. If, in any month, you use the Product to monitor more Email Accounts than you have purchased Licenses, you will be invoiced at the end of that calendar month for the excess use at the rate set forth on the Order, and you hereby agree to pay such overage Fees.

c. Retention, Export and Deletion of Data. Even during the Term of a Subscription, Dashboard Data is retained for only six (6) months and is then destroyed. Upon termination of a Subscription, Kaseya reserves the right to destroy the Dashboard Data immediately. Emails are held only during scanning and analysis (momentarily) and then destroyed, however, certain information from the email is held for up to seven (7) days (or such shorter period as configured by you) in order to allow you to report the email to the Product and for the Product to respond accordingly. Learned Data, email metadata and Malicious Data are held by Kaseya in its discretion, and are not exportable to you.

4. ADDITIONAL PROVISIONS ON LIMITATIONS AND LIABILITY

In addition to the provisions in the Kaseya Master Agreement, the following shall be true with respect to your use of the Product.

a. Withdrawal of Permissions. If any person or entity revokes, withdraws or otherwise terminates its permission with respect to use of a Product, you must immediately remove all information pertaining to such person or entity from the applicable Product account, and not use the Product with respect to such person or entity. For example, if a person withdraws permission for you to monitor their Email Account, you must immediately remove that person’s Email Account from the Product.

b. Supplemental Protection, and No Guarantees. No security solution can be completely effective, and at no time does Kaseya guarantee that the Product will alert on all Malicious Data. Further, there is no guarantee that End Users will observe or take appropriate action with respect to Product alerts. We are not responsible for any failure by an End User to observe or comprehend an alert issued by the Product, or for any action or inaction taken by End Users in response to such alerts. The Product is intended to be part of a sound security practice, and not the sole solution.

c. Delayed Emails. The Product likely will introduce a level of delay in sending and receiving emails as the result of its scanning and analyzing functions, and we assume no liability with respect to the foregoing.

d. Access to Email Tenant and Email Accounts. To provide the Product, Kaseya must maintain constant authorization and access to the Email Tenant and the relevant third-party APIs. You agree and acknowledge that the Product cannot function, and Kaseya shall not be liable for failures (a) where our access to an Email Tenant is blocked, suspended, modified or otherwise restricted; or (b) due to the unavailability of the Email Tenant, or any portion thereof.