All legal disputes about this website must be resolved in New York courts under New York law — even if you live somewhere else entirely.
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
If you have a legal dispute with Datadog about their website, you would need to go to court in New York, creating a practical and financial barrier for users in other states or countries.
Non-New York users — including all international users — who have a dispute about Datadog's website face the significant burden and expense of litigating in New York courts, which may effectively prevent them from pursuing legitimate claims.
How other platforms handle this
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue ...
You agree that these Terms of Use shall be governed by and interpreted in accordance with the laws of the State of California, U.S.A. excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts locat...
This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Each party irrevocably submits to the exclusive jurisdiction of the courts of Ontario, Canada for t...
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"These Terms of Use and your use of the Website shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision. Any legal action or proceeding arising out of or relating to these Terms of Use shall be brought exclusively in the federal or state courts located in New York, New York.— Excerpt from Datadog's Datadog Terms of Use
1) REGULATORY FRAMEWORK: This clause engages the doctrine of forum selection under federal common law (Atlantic Marine Construction Co. v. U.S. District Court, 571 U.S. 49 (2013)), New York CPLR, and is subject to challenge under EU Regulation 1215/2012 (Brussels I Recast), which grants EU consumers the right to sue in their home jurisdiction regardless of contractual choice-of-forum clauses. The clause is also potentially unenforceable against UK consumers under the Consumer Rights Act 2015 Section 62. 2)
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If you have a legal dispute with Datadog about their website, you would need to go to court in New York, creating a practical and financial barrier for users in other states or countries.
Non-New York users — including all international users — who have a dispute about Datadog's website face the significant burden and expense of litigating in New York courts, which may effectively prevent them from pursuing legitimate claims.
ConductAtlas has identified this type of provision across 3 platforms. See the full comparison.
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