Endpoint Detection & Response, Anti-Virus, Ransomware Detection Product Terms

 Datto EDR, Datto AV, Ransomware Detection Terms of Use

Updated as of June 1, 2024

These Terms of Use (“Terms”) govern access to and use of Datto EDR, Datto AV, and Ransomware Detection products and their related services (collectively, the “Products”). By purchasing or using any of the Products, you agree to be bound by these Terms.

1.    USE OF PRODUCTS

a.    About the Products. In today’s digital landscape, comprehensive cybersecurity measures are essential to protect against a wide range of threats. Datto AV (Antivirus) provides robust antivirus protection, safeguarding systems from common malware and viruses. However, an antivirus solution alone may not be sufficient against more sophisticated threats. Datto EDR (Endpoint Detection and Response) offers advanced capabilities to detect and respond to complex cyber-attacks, including zero-day threats and advanced persistent threats (APTs), that traditional antivirus solutions might miss. Additionally, Datto’s Ransomware Detection adds another layer of security by specifically targeting and mitigating the effects of ransomware attacks, which can encrypt and hold data hostage.

b.   Right to Use. Subject to your compliance with these Terms, the Agreement and the receipt by us of all applicable fees, grants you a limited, revocable, non-sublicensable, non-exclusive right and license during the applicable Product Subscription’s Committed Service Term to access and use the Product for the number of Licenses specified in an Order. If your use of the Product involves the use of Agent Software, you hereby agree to the terms of all 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 the Products as specified in an Order. Your right to use such Agent Software will terminate upon the termination of the Service Subscription associated with the Product.

2.    SERVICE SUBSCRIPTIONS

a.    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 Term and License count. All Subscriptions include applicable licenses to the technology needed to perform the functions of the Product and access to Technical Support. The term of a Service Subscription is indicated on the applicable Order and is for a defined number of consecutive months (a “Committed Service Term”). A Service Subscription begins on the date of activation as set forth on the Order (the “Activation Date”).

b.   Initial Transition Periods. Certain Products may allow for a transition period at the beginning of a Service Subscription to account for various circumstances such as, for example, implementation periods or phased adoption of Licenses. Any such transition period is considered part of the Service Subscription and subject to these Terms. Only the first Committed Service Term is affected by transition periods, and thereafter the Committed Service Term shall have the standard term period.

i.  Any transition period where Services are provided without charge does not count toward the length of any Committed Service Term; in such case the first Committed Service Term will begin on the first of the month following the end of the transition period.

ii.   Any transition period where all Licenses in an Order are provisioned but fees are charged according to a phased ramp up does not affect the Committed Service Term; the number of Licenses in the Service Subscription will include all Licenses provisioned at the time of Order.

c.    Licensing: Product Subscriptions are licensed per “Endpoint,” and any Endpoint that is scanned and protected by a Product requires a License. The term Endpoint means a network endpoint such as a workstation, server, virtual server, virtual desktop or other logically distinct Internet Protocol (IP) addressable endpoint.

3.     CONTENT and SUSPICIOUS CONTENT

a.    Suspicious Content. The Products will scan, analyze, access and/or interact with Endpoints to identify and protect against ransomware, malware, viruses trojan horses and/or other suspicious materials, activities and malware (“Suspicious Content”). Recignition and its partners may use, share and process Suspicious Content for various purposes with reasonable discretion such as, for example, the improvement of its Products, research and analysis, and collaboration with others regarding Suspicious Content. The Product or its manufacturer will compile and provide threat information (typically in the form of alerts) regarding Suspicious Content (“Threat Information”). On behalf of your organization, when using any of the Products, you hereby authorize Recignition and its partners to take such actions, and provide the Product manufacturer, Kaseya, license rights in the Content of your endpoints, as well as the Suspicious Content, to provide the Products and related Services. 

b.   Uploading of Suspicious Content. With Datto EDR, you have the option of allowing Kaseya to upload Suspicious Content and related information for further threat analysis and identification of maliciousness. Should you choose not to allow for the such uploading, Datto EDR will be unable to identify certain types of threats. With Datto AV such uploading is required. Ransomware Detect does not perform automatic uploading, however, either you, Recignition and its partners may contact the other to request that Suspicious Content be shared for further analysis. (Should you wish to make such request, please contact Recignition’s Technical Support team). Once uploaded or shared, Kaseya reserves the right to retain a copy of the Suspicious Content (or portion thereof), in Kaseya’s discretion, and to share the Suspicious Content with third-parties. In a very small percentage of cases, Content that is not malicious may be uploaded onto Kaseya’s servers or 3rd party services that Kaseya uses to identify maliciousness of the Content.

c.    Telemetry and Suspicious Content. The Products store the telemetry data from your Endpoints upon which its identification and Alerts are based (“Telemetry”) for a period as defined in the Datto EDR and Datto AV data retention policies accessible here. Upon termination of the Subscription Services, Recignition and its partners reserve the right to delete Telemetry and Suspicious Content. Please note that once a Subscription Service has terminated, there will be no further right to download Telemetry or Suspicious Content from your account.

4.    SECURITY

a.    Your Responsibility for Security. You are responsible for the proper configuration and maintenance of physical, administrative and technical safeguards as they relate to access to and use of the Product, accounts and Content. In no event will Recignition or its partners be responsible, nor will we have any liability, for physical, administrative, or technical controls related to the Product that you control, including but not limited to network connectivity and internet connectivity.

b.   Our Security Measures. We use physical, technical and administrative safeguards designed to secure the Products and Content under our control against accidental or unauthorized loss, access or disclosure. However, no password-protected system of data storage and retrieval can be made entirely impenetrable, and you acknowledge and agree that despite the measures employed, the Products and Content are not guaranteed against all security threats or other vulnerabilities and you use the Products with all Content at your own risk.

5.    ADDITIONAL DISCLAIMSERS

In addition to the disclaimers set forth in the Agreement, the following disclaimers apply with respect to the Products:

YOU UNDERSTAND AND AGREE THAT (I) THE REMOVAL OR TRANSFER OF SUSPICIOUS CONTENT MAY INTRODUCE ADDITIONAL RISKS TO AN ENVIRONMENT, AND RECIGNITION AND ITS PARTNERS ARE NOT RESPONSIBLE OR LIABLE FOR SUCH RISKS; (II) RECIGNITION AND ITS PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY FOR SUSPICIOUS CONTENT IDENTIFIED BY OR EXPORTED BY A PRODUCT, OR FOR DAMAGES CAUSED BY THE SUSPICIOUS CONTENT; AND (III) EACH PRODUCT REQUIRES FULL ACCESS TO ENDPOINTS TO EXECUTE THE PRODUCT FULLY AND ACROSS AN ENTIRE ENVIRONMENT.