Updated as of April 30, 2024

Welcome to Kaseya 365!

These Kaseya 365 Product Terms of Use (“Kaseya 365 Terms”) govern the purchase and use of Kaseya 365 Pro as well as Kaseya 365 Express. Unless otherwise specified, the term “Kaseya 365” will refer to both Kaseya 365 Pro and Kaseya 365 Express.

Kaseya 365 provides IT professionals with a purpose-built, efficient and effective licensing system to key Kaseya cybersecurity, monitoring and management products (each, a “Component”). A license to Kaseya 365 provides you with a license to the Kaseya 365 Components listed in the table below.

These Kaseya 365 Terms are hereby made a part of the Kaseya Master Agreement (the “Master Agreement”), which can be accessed here. Further, many of the Kaseya 365 Components have their own Product Terms of Use (linked below) (“Component Product Terms”). Such Component Product Terms also are incorporated into these Kaseya 365 Terms and the Master Agreement by reference. By purchasing Kaseya 365, you agree to be bound by the Master Agreement, Kaseya 365 Terms and the applicable Component Product Terms (collectively, the “Terms”). Capitalized terms not defined in these Kaseya 365 Terms have the meaning given to them in the Master Agreement or Component Product Terms.

To the extent there are inconsistencies between the Master Agreement and these Kaseya 365 Terms, or between Component Product Terms and these Kaseya 365 Terms, these Kaseya 365 Terms will prevail. For clarity, we know that certain Kaseya 365 Terms do in fact contradict Component Product Terms (for example, with respect to licensing and storage use), and these Kaseya 365 Terms prevail over those inconsistent terms.

1. KASEYA 365 COMPONENTS

Each license to Kaseya 365 provides a license to the Kaseya 365 Components as described in the table below. Please note that Kaseya 365 Pro includes Managed Detection and Response (“MDR”) and Kaseya 365 Express does not. Kaseya 365 is licensed on a per Endpoint basis (each a “License”). Detailed information about each Component can be found in its “Documentation” (defined below) and/or its Component Product Terms, as each may be created or updated from time to time.

2. USE OF PRODUCTS

a. Right to Use. Subject to your compliance with the Terms and the receipt by Kaseya of all applicable Fees, Kaseya grants you a limited, revocable, non-sublicensable, non-exclusive right and license during the applicable Kaseya 365 Committed Service Term to access and use Kaseya 365 for the number of Licenses Ordered including any Licenses added to your Subscription after the initial Order (“Additional Licenses”). If a Component requires the use of Agent Software, you hereby agree to the terms of the applicable Agent Software licenses, and we grant you the non-exclusive, non-assignable, limited right to download, install and use the Agent Software solely to facilitate your access to, operation of, and/or use of Kaseya 365 as specified in an Order. Your right to use Agent Software will terminate upon the termination of the Service Subscription associated with the applicable Component.

b. Add-Ons. Any additional Licenses, additional storage, add-on features or other purchases added to a Service Subscription after initial registration (“Add-Ons”), either through a purchase order or enabled automatically, will be deemed to modify the Order and Service Subscription. You acknowledge that you are responsible for such Add-Ons. The original number of Licenses as well as any Add-Ons may not be decreased for the remainder of the then-current Committed Service Term. All Licenses in a Service Subscription (including Add-Ons) terminate on the same date. Kaseya reserves the right to monitor use and retroactively invoice for use that was not reflected on invoices covering months of actual use.

c. Content After Termination. If applicable to a Component, for a period of time following termination of a Service Subscription as further described in the applicable Documentation and/or Component Product Terms, we will, upon written request, allow you to export or download a copy of Content in a format supported by us. Such obligation is conditioned upon: (i) the amount of the Content being of a reasonable size given the export technology available; (ii) your following the instructions in the applicable Documentation and; (iii) payment of all amounts you owe to us, including any standard fee for the export. After such period, we have no obligation to maintain or provide any Content and may thereafter delete or destroy all copies of the Content, unless legally prohibited.

d. Changes in the Suite of Components.  In the event of product obsolescence or changes in the technological landscape, Kaseya may substitute, add or delete Components from Kaseya 365 from time to time upon written notice to you. In such event, the Kaseya 365 offering before and after such modification will be of comparable value.

3. LICENSES and SUBSCRIPTIONS

a. Service Subscription Required. All rights to use Kaseya 365 are conditioned upon enrollment in a valid Kaseya 365 Service Subscription for which we receive timely payment. A Service Subscription includes a Committed Service Term, License count and, for certain Components, a Service Plan. Available Service Plans vary depending on the Component and are described in the applicable Documentation and/or Component Product Terms. All Service Subscriptions include access to standard Technical Support.

b. The Committed Service Term. The Committed Service Term of a Service Subscription is indicated on the applicable Order, and is for a defined time period. A Service Subscription begins on the start date set forth on the Order.

c. License Pools. A single License to Kaseya 365 provides you with a single License to each of the Components. The Component Licenses stemming from the same Kaseya 365 License must all be used on the same endpoint. For example, through the same one Kaseya 365 License, you may use the associated Endpoint Backup License and associated Ransomware Detect License only on the same endpoint, or not at all. Breach of this provision is a material breach of the Terms. Kaseya 365 Licenses are purchased and used in License pools, and during any Service Subscription, may be distributed from a Kaseya 365 License pool among End-Users, reabsorbed into the pool when not assigned for use, and then redistribution again.

d. Storage Entitlement for the Kaseya 365 Datto Endpoint Backup Component. Kaseya 365 will be provided with an initial “Storage Entitlement” applicable to the Datto Endpoint Backup Components across all Kaseya 365 Licenses (Pro and Express, together). The initial Storage Entitlement shall be set forth on the initial Order. The Storage Entitlement may be increased during a Committed Service Term by purchasing additional storage which is an Add-On that cannot be decreased during a Committed Service Term. If your Account exceeds the Storage Entitlement during any monthly period, you will automatically be charged and invoiced for such excess storage at the end of that monthly period. For any later monthly period where storage remains below the Storage Entitlement throughout such period, there will be no excess storage invoiced for that period. For clarity, it is acknowledged that with respect to storage for Datto Endpoint Backup, the Kaseya 365 Terms vary from the terms applicable to stand-alone Datto Endpoint Backup (i.e, the Component Product Terms) and these Kaseya 365 Terms shall prevail with respect to Datto Endpoint Backup as a Component of Kaseya 365.

4. FEES AND PAYMENTS

Kaseya 365 Service Subscription Fees as well as Datto Endpoint Backup Storage Pools are invoiced upfront for each annual or monthly period, depending on your payment schedule set forth on the Order. Datto Endpoint Backup Storage Pools purchased on a consumption basis are invoiced monthly in arrears. Unless other payment options are expressly agreed to by us, payments are due upon your receipt of invoice and will be charged to the applicable payment method indicated in your Portal account. With respect to limits of liability, the Kaseya 365 License Fee shall be divided by the number of Kaseya 365 Components that form the applicable Subscription to liability limits.