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
The clause establishes the substantive law applicable to contractual interpretation and designates the exclusive forum for dispute resolution, which determines both the legal framework governing the agreement and the geographic location where litigation must occur.
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.
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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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The clause establishes the substantive law applicable to contractual interpretation and designates the exclusive forum for dispute resolution, which determines both the legal framework governing the agreement and the geographic location where litigation must occur.
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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