Hi V Hacer,
other options besides the one you've mentioned could be (but none of them are perfect):
1. to have a recurrent CJ which would include the complete original segment – contacts already sent to as part of this CJ – contacts being sent to many times (over the cap). This way, every day the same contact would be reevaluated over and over again and already sent to contacts for that CJ would be removed. This has caveats on its own (two iterations active at the same time for some amount of time etc.).
2. If you setup a segment:
contacts with email opened/received > 3 within last 24h
and compound:
contacts matching some conditions except segment above
Once the contact will fall out of the “email count > 3” condition, it will become member of the compound, which means progress in CJ.
It might have some race condition in case many segments like this will be created and “exclude” one will get updated with a small delay, for example changing count from 3 to 7 at once, meaning it will be never guaranteed that the contact will not receive 4 emails, but it might still help resolve your initial problem.
HTH
Br
Elena
