Datto Unified Backup Terms of Use

Updated as of August 21, 2026

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, “Products“). For clarity, the Products includes the Kaseya Services related to the Products. By purchasing or using the Products, you agree to be bound by these Terms, which are incorporated into the Kaseya Master Agreement (the “Master Agreement”) available here. 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 Documentation. 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. Third Party Technology/License Terms. – Certain Products may involve or allow for the use of third party technology, which is subject to such third parties’ terms. The terms of certain such third parties are located under the heading “BCDR Third Party Terms” on the Online Portal. You agree that your use of a Product is deemed your express consent to all such applicable BCDR Third Party Terms.
    3. Cloud Virtualization and Use Allotments for certain Products.
      • Cloud Virtualization: Certain Products provide customers with the ability to compute from the Datto Cloud during virtualizations (“Cloud Virtualization”). Cloud Virtualization is intended for emergency periods and DR 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.
      • Use Allotments: Service Subscriptions of Datto Endpoint Backup require the purchase of additional storage beyond paid-for allotments (which may vary based on your Order). Please review the Product Specific Terms for Datto Endpoint Backup in Section 6, below for the limits applicable to that Product.
      • 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.
    1. SERVICE SUBSCRIPTIONS
      1. Service Subscription Required. All rights to use the Products are conditioned upon enrollment in a valid Service Subscription for which we receive timely payment. A Service Subscription includes a Retention Schedule, Committed Service Term and License count. Service Subscriptions include applicable Licenses to the technology needed to perform the core functions of the applicable Product and access to Technical Support.
      2. Retention Schedules. With respect to most Products, you will purchase a specific Retention Schedule along with your Service Subscription, which 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 in Section 4 (below) and/or in the Product Documentation.
      3. Committed Service Term. The Committed Service Term of a Service 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.
      4. Automatic Renewals and Cancellation of Services. Service 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 described herein will automatically renew for subsequent Committed Service Terms equal in length to the expiring Committed Service Term. You may cancel and avoid automatic renewal through the Kaseya One portal. Committed Service Terms will continue until cancelled by you and incur Service Subscription fees, even a Product is no longer taking backups.
      5. Round Trips and Reverse Round Trips. RoundTrip service is used to expedite the replication of large data sets from a local Datto device to the Datto Cloud for certain Products. Reverse RoundTrip service is fee-based and used to retrieve large data sets from the Datto 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 Documentation, and may not be available for all Products.
      6. Upgrades. Kaseya typically allows you to purchase a new device and return an existing device in the form of an Upgrade. If you are interested in an Upgrade, please contact your Kaseya Account Manager for any available Upgrade paths for your device, and consult the Product Documentation to learn more about Upgrade options. Should you proceed with an Upgrade, Kaseya’s standard Upgrade procedures and terms must be followed.
    1. PAYMENTS AND BILLING
      1. Billing and Invoicing. Service Subscription Fees for a Product are set forth on the applicable Order. Unless annual prepayment is made, such fees are due and payable upon invoice receipt commencing on the first day of the month following the Activation Date, and are billed monthly in advance on the first day of the following months through the Committed Service Term. In the first month following the Activation Date, additional charges may be due covering the partial month period from the Activation Date through the end of that month. A Service Subscription ends on the last day of a calendar month. Certain Products allow for the prepayment of a Service Subscription. If a prepaid Service Subscription terminates prior to the end of the Committed Service Term, no refund for unused Service will be given.
      2. Committed Service Terms. A Committed Service Term will commence on the first of the month following the “Activation Date” or “Effective Date” of the Service Subscription, which is listed on the applicable Order. If any Service Subscription includes an initial period with no charge or reduced charge, the first Committed Service Term will be extended automatically by the length of such period, but later, renewal Committed Service Terms will not be extended. You agree to pay Service Subscription fees for the entire Committed Service Term. If you terminate a Subscription at any time during a Committed Service Term, a lump sum payment (equal to 100% of the monthly unpaid Service Subscription fee multiplied by the number of months remaining in the Committed Service Term less any amounts already prepaid) will be due immediately and charged to your preferred payment method.
    1. 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. Data associated with Products that provide for Cloud backup will be retained as specified by the Retention Schedule that you purchase for as long as the Product is under an active Service 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 available to you are set forth in the Product Documentation 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. Note: the product allows for configuration of retention periods shorter than “infinite” so please check those configuration settings.
        Capacity Based Storage (previously known as Total Cloud Retention)This is a legacy option (no longer available for purchase) that allows you to set your own retention schedule, subject to a pre-defined amount of Datto Cloud storage. Use in excess of the allotment is subject to additional fees.
        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 Datto 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 backed up Azure Service is not active, or the Azure data has been removed from the Azure Resource, then there is no retention, and export must be done prior to such inactivity or 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.
        		60 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 Service 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.
      1. 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 assembled 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 Service 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, SIRIS 4, SIRIS 5, 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 Service 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 1) accident, neglect or abuse; 2) improper installation or maintenance; or 3) 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 Service Subscription on a hardware device that has been authorized for return. Instead, we will terminate the Service 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 Service Subscription.
        5. Limit on Warranty. THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY KASEYA AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

        PRODUCT SPECIFIC TERMS.

        1. Datto Backup for Microsoft Azure
          1. Description of Product and Use. Datto Backup for Microsoft Azure protects data associated with select Microsoft “Azure Services” including, but not limited to, Azure Virtual Machines, Azure Files and Azure Blob (such data referred to as “Azure Resources”). You designate the Azure Resources that are to be protected by Kaseya when you register Datto Backup for Microsoft Azure.
          2. Azure Environments. You or your Client (and not Kaseya), are responsible for each Azure environment, including its access, security, rights, structure, configuration and all charges applicable to use of the Azure Services.
          3. Access to Azure Services and Azure Resources. In order to provide you with Datto Backup for Microsoft Azure, you must maintain authorization and access to the relevant Azure Services and Azure Resources, and provide such access to Kaseya. We may not be able to capture backups or restore data back to the original Azure Service if the Azure Service or Azure Resources become unavailable to us for any reason such as, for example, our access authority to is changed or the Azure API is unavailable.
        2. Datto Workplace
          1. Datto Workplace Structure and Licensing. 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 a Service Plan. Full details and features of available Service Plans are set forth in the Product Documentation 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. Note: 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 Documentation.
          2. Pooled Storage, Storage Allotment and Excess Storage. Licenses for Datto Endpoint Backup are purchased with a certain Datto Cloud storage allotment included, which is pooled across all licenses (a “Storage Pool”). For example, if you purchase 100 Datto Endpoint Backup Licenses, each with an allotment of 250GB of Datto Cloud storage, you have a Storage Pool of 25,000GB of Datto Cloud Storage.
            • You can expand your allotment by purchasing additional Datto Cloud storage. You pay for the additional Cloud storage monthly in advance throughout the Committed Service Term, regardless of whether it is used. The allotment purchased may not be decreased during a Committed Service Term.
            • If you exceed your allotment, you will automatically be charged for “Excess Storage,” billed at the then-current rates, but monthly in arrears. If in later months you fall back within your allotment (in the above example, you drop below 25,000GB), you will not be charged for Excess Storage during such months.