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This analysis describes what Datadog's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The terms disclaim all express and implied warranties for the website and its content, meaning users have no contractual assurance that the site will function, be accurate, or be fit for any particular purpose.
Interpretive note: Enforceability of all-encompassing warranty disclaimers varies by jurisdiction; some consumer protections may not be waivable under EU or state law.
Users of Datadog's website have no warranty protections under these terms for the site's availability, accuracy, or fitness for purpose, as the agreement expressly disclaims all such obligations.
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THE SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GUSTO DOES NOT WARRANT THAT THE SERVICES WILL BE...
THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AI21 DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ...
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"THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.— Excerpt from Datadog's Datadog Terms of Use
1) REGULATORY LANDSCAPE: Blanket warranty disclaimers may be limited in enforceability under certain state consumer protection laws and under EU consumer law, which may impose implied quality or conformity guarantees that cannot be contractually disclaimed. The FTC Act may apply if the disclaimer is used in a manner that is materially deceptive to consumers. 2) GOVERNANCE EXPOSURE: Low for most B2B website use contexts, as warranty disclaimers for informational websites are standard commercial practice. However, where the website is used to access trial products, downloadable tools, or technical documentation, the disclaimer's scope may be more material. 3) JURISDICTION FLAGS: EU/EEA users may retain implied warranty rights under applicable consumer protection directives that cannot be waived by contract. California consumers may have rights under the Consumer Legal Remedies Act that are not overridden by this disclaimer. 4) CONTRACT AND VENDOR IMPLICATIONS: This clause is standard in commercial website terms and is unlikely to create unusual vendor assessment triggers. However, procurement teams relying on the Datadog website for access to technical resources or product trials should note that any such access is explicitly provided without warranty. 5) COMPLIANCE CONSIDERATIONS: Legal teams should note that the enforceability of all-encompassing warranty disclaimers varies by jurisdiction and that the document's assertion that warranties are disclaimed to the fullest extent permitted by law implicitly acknowledges that some protections may not be waivable.
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The terms disclaim all express and implied warranties for the website and its content, meaning users have no contractual assurance that the site will function, be accurate, or be fit for any particular purpose.
Users of Datadog's website have no warranty protections under these terms for the site's availability, accuracy, or fitness for purpose, as the agreement expressly disclaims all such obligations.
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