Fair Usage Policy

1. Purpose

This Fair Usage Policy ("Policy") ensures that all VaultFuzion customers receive reliable and consistent service quality. It applies to storage consumption, API usage, and backup frequency across all subscription tiers.

2. Storage under BYOS

Kapsul8 in this region is bring-your-own-storage. Backups land in an S3 bucket you own, in your own cloud account, billed to you by whichever provider you chose. We do not hold the bytes, so there is no per-seat storage allowance to run out of and no storage overage payable to us. Your storage cost is whatever your provider charges, and it is between you and them.

Storage includes all backup snapshots across Exchange, OneDrive, SharePoint, and Teams. Content-addressable deduplication is applied before calculating usage.

2A. Kapsul8 EndpointBackup storage

EndpointBackup is bring-your-own-storage in the same way the Microsoft 365 line is: snapshots are written to an S3-compatible bucket you provide, under your own keys, and your storage provider bills you directly. There is no pooled allowance per workstation or per server, because the pool is your bucket.

Retention defaults still apply, since they govern how long we keep pointing at data rather than how much you may store: 30 days on Base, 90 days on Pro, both configurable. Change Block Tracking on the Pro tier reduces what is written on each incremental, which lowers what your provider charges you.

3. Storage cost under BYOS

Kapsul8 writes into storage you own, so VaultFuzion neither meters nor bills your stored bytes. There is no storage allocation, no soft-warning ladder at 75/90/100%, no overage rate, and no throttling tied to volume. What you pay for storage is what your own provider invoices you, on their terms.

What we do ask is that the platform is used the way it is designed: backup schedules within the documented frequency, API use within the documented rate limits, and restores for genuine recovery rather than as a bulk export mechanism. Those limits are set out in the sections above and below, and they are about load on the service rather than about how much data you keep.

4. Throttling Policy

To maintain service quality for all customers, the following rate limits apply:

• API calls: 1,000 requests per minute per tenant
• Backup frequency: maximum 4 snapshots per day per tenant (hourly available for Enterprise)
• Restore operations: 10 concurrent restore jobs per tenant
• Search queries: 100 queries per minute per tenant

If rate limits are consistently exceeded, we will contact the MSP to discuss usage patterns and potential plan adjustments. We will not suspend service without prior notice.

4A. Throughput & Restore Performance

Backup and restore throughput is provided on a best-effort basis. Transfer rates and completion times depend on your own network and internet bandwidth, endpoint and server performance, the volume and number of objects being protected or restored, and the availability of upstream services such as Microsoft 365. VaultFuzion does not guarantee any specific transfer rate, throughput, or backup/restore completion time, and does not publish a throughput service level.

Any published availability target (for example, 99.9% monthly availability) relates to the availability of the Platform and its control plane only. It is not a guarantee of backup or restore speed. Recovery Point Objectives (RPOs) and Recovery Time Objectives (RTOs) are targets, not guarantees, and are addressed in the Terms of Use and your signed subscription agreement.

5. Prohibited Usage Patterns

The following usage patterns are considered outside fair usage:

• Using VaultFuzion as a primary data store rather than a backup destination
• Automated high-frequency restore operations for non-recovery purposes
• Storing non-Microsoft 365 data through API manipulation
• Creating artificially inflated seat counts to obtain disproportionate storage
• Repeatedly archiving and re-activating seats to avoid per-seat billing obligations

5.1 Archived Seat Policy

Archived seats (mailboxes where active backup protection is paused but historical data is retained) are billed at 50% of the active per-seat rate across all subscription tiers. Archived seats do not incur per-seat add-on charges. Billing is calculated using the peak seat count (active + archived) recorded during the billing period to prevent end-of-period adjustments.

Archived billing continues for the duration of the configured retention period or until all data for the archived seat is destroyed, whichever is later. Seats under active legal hold remain at the archived rate indefinitely until the hold is released and data is destroyed.

6. Enforcement

The Company reserves the right to contact customers who exceed fair usage thresholds. We will always provide at least 14 days' notice before applying any restrictions. Our goal is to work collaboratively with MSPs to find the right plan for their needs.

7. Reserved Rights

The Company reserves the right to change fair usage limits and throttling thresholds at any time with at least thirty (30) days' written notice to your registered billing contact. Backups are written to storage you own under BYOS, so the Company sets no storage allocation and bills no storage overage; your storage provider bills you directly under your own agreement with them.

The Fair Usage Policy, including all fair usage limits and enforcement procedures, may be modified, suspended, or replaced by us, in our sole discretion. Changes will be communicated via email and will take effect no earlier than thirty (30) days after notification. Continued use of the Platform after the effective date of any policy change constitutes acceptance of the revised policy. This policy is subject to the Terms of Use, which govern in the event of any conflict.

8. Contact

For questions about this Policy, contact us at info@kapardyn.com.

VaultFuzion is a product of Kapardyn, a wholly-owned division of Synchplus Consulting LLC, a company registered in the State of North Carolina, United States of America. All agreements are entered into with Synchplus Consulting LLC.