DATTO BACKUP FOR MICROSOFT ENTRA ID TERMS OF USE

Updated as of October 7, 2025.

These Datto Backup for Microsoft Entra ID Terms of Use (“Terms of Use”) govern your use of Kaseya’s Datto Backup for Microsoft Entra ID Products (collectively referred to herein as the “Product” or “Datto Backup for Microsoft Entra ID”).  By purchasing or using the Product, you agree to be bound by the Kaseya Master Agreement entered into by you and Kaseya US, LLC, or another Kaseya affiliate depending on your location (“Kaseya,” “us,” or “we”) as well as these Terms of Use which are incorporated into the Kaseya Master Agreement (collectively, the “Agreement”).   Capitalized terms not defined in these Terms of Use have the meaning given to them in the Kaseya Master Agreement.

If you do not agree to the Agreement, you must not register, access or use the Product.

1.  USE OF PRODUCTS

a.   Right to Use. Subject to your compliance with the Agreement and the receipt by us of all fees applicable to Datto Backup for Microsoft Entra ID, we grant you a limited, revocable, non-sublicensable, non-exclusive right and license to access and use the Product in accordance with the Product Specifications for the number of licenses and the applicable data storage entitlement purchased (“Licenses”).  Unless otherwise specified, you will receive the current standard Product features and functionality for the number of Licenses in each Product account.  The term “Microsoft Tenant” means the applicable Microsoft 365 Tenant with which the Product interacts. Each Datto Backup for Microsoft Entra ID account backs up the Microsoft Entra ID data on the applicable Microsoft Tenant in accordance with the Specifications.   Each active user with a Microsoft 365 license on a Microsoft Tenantmust have its own Datto Backup for Microsoft Entra ID License.

b.  Use-Based Fees Subject to a Committed Minimum Quantity.  The original Order for the Product establishes the initial Committed Minimum Quantity, which may be increased during a Committed Services Term through purchases of additional Licenses (the “CMQ”), as described in the Kaseya Master Agreement.  Beyond such purchased Licenses (i.e., the CMQ), the Product License count will automatically increase and decrease based on the number of users with active Microsoft 365 licenses, provided that the number of Datto Backup for Microsoft Entra ID licenses shall never fall below the CMQ. You are obligated to pay for CMQ License amounts throughout the Committed Service Term plus any additional licenses above the CMQ based on your actual use, which is calculated from information supplied by Microsoft.

c.  Product Registration and Renewal. You are required to set up each Product Account in accordance with the Product Specifications. During set up, you agree to provide accurate and complete information, and to promptly update this information should it change. As described in the Kaseya Master Agreement, Committed Service Terms will automatically renew for subsequent Committed Service Terms of a length equal to the expiring Committed Service Term, and you may cancel and avoid automatic renewal by providing written notice to us at least thirty (30) days prior to the end of the current Committed Service Term.

d.  Content and Backup Process.   The Product backs up only certain Microsoft Entra ID tenant data, such as configurations, roles and other metadata.  Please refer to the relevant Specifications to confirm the exact types of metadata that will be backed up by the Product.    You, on behalf of users, hereby authorize us to access and interact with the Microsoft Tenants to provide the Product.

e.  Authentication using Oauth.  You must authenticate use of the Product through Microsoft’s oauth technology, and through such process, the Product will access your Microsoft Tenant and use data from such Tenant for authentication purposes.

f.   Reliance on Microsoft Tenant.  In order to for Kaseya to provide the Product to you, you must maintain authorization and access to the Microsoft Tenant and the relevant Microsoft APIs so that Kaseya is regularly able to access it. You agree and acknowledge that Content may not be available or restorable (a) if our access to a Microsoft Tenant is changed or otherwise restricted; (b) due to the unavailability of the Microsoft Tenant, or any portion thereof; and/or (c) with respect to modifications to the Content that are not captured in the backup frequency for the retention schedule chosen.

2.  SERVICE SUBSCRIPTIONS and RETENTION

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

b.  Retention, Export and Deletion of Backups. Each Datto Backup for Microsoft Entra ID Service Subscription has an infinite retention period.  Please check the Product Specifications to alter the retention period. Backed up data (i.e. Content) is accessible only through the Product during an active Subscription.  You must check the Product Specifications regarding export capabilities.  We reserve the right to permanently delete Content after termination of a Subscription.

c.  Storage Requirement. The version of the Product that backs up Microsoft Entra ID Logs requires the purchase of storage at pricing set forth on the applicable Order.  If your Product use exceeds the purchased storage amount during any monthly period, you will automatically be charged and invoiced for such excess storage.

d.   Term Length.   A Product Subscription commences on the date the first Product License is provisioned for an Account, or the date as set forth on the Order, whichever is sooner.  For invoicing and renewal purposes, a Committed Service Term will commence on the first of the month following the start of the Subscription and will remain in effect for the defined number of consecutive months