Datto Unified Backup Terms of Use

Updated as of October 7, 2025

These Datto Unified Backup Terms of Use (“Terms“) govern your use of the following products:

  • SIRIS
  • ALTO
  • Datto NAS
  • Datto File Protection
  • Datto Workplace
  • Datto Backup for Microsoft Azure
  • Datto Endpoint Backup with Disaster Recovery
  • Datto Endpoint Backup
  • Datto Endpoint Backup for PCs

(collectively, the “Products“). For clarity, the Products include the Kaseya Services related to the Products.  By purchasing or using the Products, you agree to be bound by the Kaseya Master Agreement (the “Master Agreement”) available here, as well as these Terms that are incorporated into the Master Agreement. Capitalized terms not defined in these Terms have the meaning given to them in the Master Agreement.  The Terms and the Master Agreement are collectively referred to as the “Agreement”).  Certain Products have additional terms specific to those Products, which can be found at the end of these Terms (“Product Specific Terms”).  If the Master Agreement and these Terms conflict, these Terms will take precedence with respect to the Products. If you do not agree to these Terms, do not register, access or use any of the Products.

1.USE OF PRODUCTS

  1. Right to Use. 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 in accordance with the Product Specification. If your use of the Product involves the use of agent Software, you hereby agree to the terms of all applicable agent Software licenses.
  2. Cloud Virtualization and Fair Use Allotments for certain Products.
    • Cloud Virtualization: Certain Products allow customers to compute from the Cloud during virtualizations (“Cloud Virtualization”). Cloud Virtualization is intended for emergency periods and disaster recovery preparedness testing only, and not as a non-emergency, production environment. Accordingly, Kaseya reserves the right to disable Cloud Virtualizations that extend beyond the term of a documented business continuity event or a limited testing period.
      Note:  Not all Products provide for Cloud Virtualization; if this feature is important to you, please ensure that the Product you are purchasing has Cloud Virtualization before purchase. For example, Datto Endpoint Backup with Disaster Recovery provides for Cloud Virtualization, whereas Datto Endpoint Backup does not. You will not be eligible to upgrade to a Product with Cloud Virtualization during a disaster scenario or otherwise after your purchase.
    • Fair Use: All access and use of Products are subject to the Fair Use policies set forth in the Master Agreement. In addition, Subscriptions of Datto Endpoint Backup require the purchase of additional storage beyond purchased storage allotments, which vary based on your Order. Please review the Product Specific Terms for Datto Endpoint Backup, below, for storage limits applicable to that Product.

 

2. PRODUCT SUBSCRIPTIONS

    1. Subscription Required. All rights to use the Products are conditioned upon enrollment in a valid Subscription for which we receive timely payment. A Subscription includes a Retention Schedule, Committed Service Term and License Unit count. Subscriptions include applicable Licenses to the technology needed to perform the core functions of the applicable Product and access to Technical Support.
    2. Registration of Product. Products cannot be used until they are fully registered with us. During registration, you agree to provide accurate and complete information, and you further agree to promptly update this information should it change.
    3. Retention Schedules. With respect to most Products, you will purchase a specific Retention Schedule along with your Subscription. The Retention Schedule governs the frequency of backups, pruning, and period of retention. Details regarding Retention Schedules change over time and vary depending on the Product. Such details are described below, and/or in the Product Specification.
    4. Committed Service Term. The Committed Service Term of a Subscription is indicated on the applicable Order and is for a defined number of consecutive months. Committed Service Term options vary by Product and not all options are available for all Products.
    5. Automatic Renewals and Cancellation of Services. Subscriptions on SIRIS, ALTO and Datto NAS Products that are not on a month-to-month term will automatically renew for subsequent Committed Service Terms of 12 months. All other Products will automatically renew for subsequent Committed Service Terms equal in length to the expiring Committed Service Term. You may cancel and avoid automatic renewal (or change the length of the Committed Service Term) by providing written notice to Kaseya at least thirty (30) days prior to the end of the current Committed Service Term. Committed Service Terms will continue until affirmatively cancelled by you and incur Subscription fees even if it has no remaining enrolled Protected Systems, or is otherwise no longer taking backups.
    6. Round Trips and Reverse Round Trips. RoundTrip service is used to expedite the replication of large data sets from a local hardware device to the Cloud. Reverse RoundTrip service is fee-based and used to retrieve large data sets from the Cloud. These services involve the use of physical storage devices supplied by Kaseya or you. You are responsible to pay the cost of any RoundTrip storage device provided by Kaseya if it is damaged or lost in your custody or during shipments, or if you fail to return it. RoundTrip and Reverse RoundTrip services are subject to Kaseya’s standard procedures and terms, which can be found in the Product Specification, and may not be available for all Products.
    7. Upgrades. Kaseya typically allows you to upgrade from an existing device to a new device under certain terms and conditions (an “Upgrade”). If you are interested in an Upgrade, please contact your Kaseya Account Manager for any available Upgrade paths, and consult the Product Specification to learn more about Upgrade options. Should you proceed with an Upgrade, Kaseya’s standard Upgrade procedures and terms must be followed.
    8. Invoicing and Payments. Subscription Fees for a Product are set forth on the applicable Order. Unless annual prepayment is made, such fees are due and payable upon monthly invoice receipt following the Activation Date through the Committed Service Term. If a prepaid Subscription terminates prior to the end of the Committed Service Term, no refund for unused Service will be given unless termination is based on Kaseya’s uncured breach.

 

3. RETENTION SCHEDULES AND TERMINATION

    1. Local and Cloud Backups and Retention Schedules. Certain Products may retain backups on a local device and/or in the Cloud. Cloud Data associated with Products will be retained as specified by the Retention Schedule that you purchase for as long as the Product is under an active Subscription. Retention on local devices are set and controlled by you; it is your obligation to understand how retention works, including the pruning schedules that are associated with each Retention Schedule.
    2. Examples of Retention Schedules. Depending on the Product purchased, available Retention Schedules may include the following. Details of the different Retention Schedules are set forth in the Product Specifications and must be consulted to understand the manner in which backups are “rolled-up” from intra-dailies to weeklies and then to monthly backups, and are “pruned.”
      Retention SchedulesDescription
      1-Year Cloud Retention

      (also known as 1 Year Time Based Retention)

      		Incremental data backups are retained for one year on a rolling basis, with the oldest backups deleted after one year.  Automatic consolidation/roll-ups of incremental backup recovery points is applied on a rolling basis.
      7-Year Cloud Retention

      (also known as 7 Year Time Based Retention)

      		Incremental data backups are retained for seven years on a rolling basis, with the oldest backups deleted after the seventh year.  Automatic consolidation/roll-ups of incremental backup recovery points is applied on a rolling basis.
      Infinite Cloud RetentionIncremental data backups are retained for an indefinite period of time for as long as the Subscription is current.  Automatic consolidation/roll-ups of backup recovery points is applied on a rolling basis.
      Customizable Retention (if available for the applicable Product)Incremental backups are retained by default for one year on a rolling basis.  However, this period of retention is configurable on a per agent basis both at the time of initial deployment and subsequently within the Product platform.  Automatic consolidation/roll-ups of incremental backup recovery points is applied on a rolling basis.
    3. Retention of Data After Termination. If a Service Subscription terminates, Kaseya reserves the right to delete the backups in the Cloud associated with the terminated Service Subscription as set forth in the following table. It is your responsibility to export or retrieve a copy of any of your backups in a timely manner.
      Product TypeRetention Period After Termination
      • Datto Backup for Microsoft Azure
      		30 days, provided that if the Protected System is removed from the Service Subscription, then there is no retention, and export must be done prior to removal.
      • Datto Endpoint Backup for PCs
      • Datto Endpoint Backup
      		No Retention.  Export must be done prior to termination.
      • Datto Workplace
      • Datto File Protection
      • SIRIS
      • ALTO
      • Datto NAS
      • Datto Endpoint Backup with Disaster Recovery.
      		30 days
    4. Return of Hardware. If Kaseya provided you with hardware for use under a subscription model where there is no additional charge for the hardware, you must return the hardware within thirty (30) days of the end of the Subscription. It is your obligation to remove all data from hardware before returning it. Please contact Kaseya Technical Support to start a return process when needed; you must follow Kaseya’s standard return guidelines. Should you fail to return hardware when required, Kaseya will invoice you (and you agree to pay) the then-current, non-discounted purchase price of new hardware of the same type or, if such hardware is no longer offered by Kaseya, the last non-discounted price of such hardware.

4. WARRANTY

    1. Standard Limited Hardware Warranty for SIRIS, ALTO and Datto NAS. Newly purchased SIRIS, ALTO or Datto NAS hardware is warranted against defects in materials and workmanship under normal use, handling and installation for the warranty period stated in the table below, which starts on the date the hardware is shipped to you. For hardware that is in-warranty and found by Kaseya to be defective, Kaseya’s warranty obligations are limited to, at Kaseya’s option, either: (i) repairing the device using new or refurbished parts that are equivalent to new in performance and reliability; (ii) replacing the device with one that is new or formed from new and/or refurbished parts that are equivalent to new in performance and reliability; or (iii) issuing a credit for the device. To be eligible for warranty service, a device must be continuously enrolled in an active Subscription throughout the warranty period, for which payment is current. Kaseya’s warranty does not extend to Software included with the associated device. All warranty claims must be received by Kaseya within the applicable warranty period.
      Device Hardware TypeWarranty Period
      SIRIS 5 NVMe SSD ModelsSubscription Lifetime*
      SIRIS 3 and later SIRIS appliances, including SIRIS 5 other than the specific SIRIS 5 model set forth above. Datto NAS 3 and later NAS generations5 years
      Datto NAS 3 and later NAS generations5 years
      ALTO and all other Devices3 years

      *Lifetime warranty ends upon the earlier of: (a) the termination of the Subscription or; (b) the product model End of Life date.

    2. Exclusions from Warranty. Kaseya’s hardware warranty does not cover device defects or failures resulting from (i) accident, neglect or abuse; (ii) improper installation or maintenance; or (iii) modifications, repairs, improvements, installation of third party software, or other changes to the hardware or software components of the device that have not been authorized in writing by Kaseya. You are responsible for any costs related to the foregoing exclusions.
    3. Warranty on Repair/Replacement Devices.  A replacement device will continue to be under warranty for a period equal to the greater of (i) the balance of the existing warranty period for the original device; or (ii) sixty (60) days.
    4. Warranty Returns.  You will be required to follow Kaseya’s standard RMA guidelines on packaging and shipping when returning defective Product for replacement or repair.  An RMA may be commenced by contacting Technical Support.  To avoid inadvertent data loss, please note that we will not automatically cancel a Subscription on a hardware device that has been authorized for return. Instead, we will terminate the Subscription as of the last day of the month we receive a returned device. If you do not return a device to us that is being replaced (for warranty, upgrade, or any other reason), billing will continue on the device until you cancel the Subscription.
    5. Limit on Warranty.  The limits on warranty set forth in the Kaseya Master Agreement shall apply to the warranties stated above.

6.  PRODUCT SPECIFIC TERMS.

  1. Datto Backup for Microsoft Azure
    1. i. Description of Product and Use. Datto Backup for Microsoft Azure protects Content associated with applications running on Microsoft Azure virtual machines controlled by you (each a “Protected System”). Protected System(s) are designated by you when you register the Product. You are responsible for each Protected System environment, including its access, security, rights, structure, configuration and all charges applicable to use of the Protected System.
    2. Special Subscription Considerations for Datto Backup for Microsoft Azure. All Protected Systems in a Datto Backup for Microsoft Azure Service Subscription must have the same Committed Service Term and Retention Schedule, and must be located in the same Azure region.
    3. Access to Protected Systems. You must maintain authorization and access to the Protected Systems so that Kaseya is regularly able to access it for purposes of providing the Product. Our Product may not be able to capture backups and/or Content held in our Product platform may not be available or restorable if the Protected System becomes unavailable to us for any reason such as, for example, our access authority to a Protected System is changed or otherwise restricted due to changes in the Protected System provider’s API, permissions or access guidelines.
  2. Datto Workplace
    1. How Datto Workplace is Organized and Charged. Workplace Manager is a web portal that allows you to provision and manage Datto Workplace for your Clients. Datto Workplace Clients are organized into Teams. User Licenses, Server Licenses and storage are allocated to Teams. Actual usage is calculated by adding allocated Licenses and storage to active Teams in your Workplace Manager portal (“Actual Usage”). You will be billed monthly at the greater of Actual Usage or the number of Licenses designated in your Service Subscription for a Committed Service Term.
    2. Service Plans. Each Team is configured under an available Service Plan. Full details and features of available Service Plans are set forth in the Specifications and may include plans that are unlimited or metered. You are responsible for creating, managing and deleting Teams in your Workplace Manager account, using permissions and security levels as available. You, and not Kaseya, are responsible for supporting your Teams and Clients.
    3. End user Terms. End User Terms for Datto Workplace are made available at time of registration of the individual users.
  3. Datto Endpoint Backup
    1. Differentiating the Products. There are several Products with “Datto Endpoint Backup” in the title, and each has discreet functionality. Please be aware of these differences when purchasing the Products. For example, Datto Endpoint Backup with Disaster Recovery allows for Cloud Virtualization and failback, as well as the ability to compute from the Datto Cloud. Datto Endpoint Backup does not provide for Cloud Virtualization. For more information about additional differences between Datto Endpoint Backup and Datto Endpoint Backup with Disaster Recovery consult the Product Specifications.
    2. Pooled Storage, Storage Entitlements and Excess Storage. Licenses for Datto Endpoint Backup are purchased with a certain amount of Cloud storage as set forth on the applicable Order(s), and such storage is pooled across all licenses (a “Storage Pool”). For example, if you purchase 100 Datto Endpoint Backup Licenses, each with a storage entitlement of 250GB of Cloud storage, you have a Storage Pool entitlement of 25,000GB of Cloud Storage.
      • You can expand your Storage Pool entitlement by purchasing additional Cloud storage. You pay for the additional Cloud storage regardless of whether it is used either up front and annually, or monthly throughout the Committed Service Term. This additional storage may not be decreased during a Committed Service Term.
      • If you exceed your Storage Pool entitlement at any time during a month, you will automatically be charged for usage beyond the Storage Pool entitlement at the then-current rates. If in later months you fall back within your Storage Pool entitlement, you will not be charged for Excess Storage during such months.