I doubt it...
Why?
upload is still in the 30 Mbps region
download notice that the chart is spiky so the burst may be one of those spikes.
The chart is not what I'd call a healthy result, with single thread not behaving nicely, which might also be behind the higher TCP latency figures.
It may be that they are on 330/30 product but the PON is XGPON with another 500 or 1000 Mbps user in the area and as we've seen with the upload capping on the 76/19 product FTTP caps do sometimes spike beyond the purchased limit (hence the 20-21 Mbps upload you see on Infinity 2 FTTP customers when its working well).