Any legal dispute about the website or these terms must be handled under New York law in New York courts, regardless of where you are located.
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 require all disputes to be litigated in New York courts under New York law, which may create practical and legal barriers for users located outside New York, particularly those in the EU or other jurisdictions with mandatory consumer protection or data protection frameworks.
Interpretive note: Enforceability against EU/EEA users may be limited by mandatory EU consumer protection law regardless of the New York designation.
Users outside New York, including EU and international users, would need to litigate website disputes in New York under New York law, which may be burdensome and may not account for mandatory protections available under their local law.
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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...
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 principles. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in San Francisco County, California.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal court...
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"These Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in New York, New York for any disputes arising out of or relating to these Terms or your use of the Site.— Excerpt from Datadog's Datadog Terms of Use
1) REGULATORY LANDSCAPE: Forum selection clauses designating New York courts may interact with EU consumer protection law and GDPR, which may afford EU-resident data subjects rights that cannot be waived by contract regardless of the designated forum. The enforceability of this clause against EU consumers may require evaluation under the Brussels I Regulation and applicable member state law. 2) GOVERNANCE EXPOSURE: Medium for organizations with EU/EEA or international user bases who interact with the Datadog website. Low for US-based business users for whom New York forum selection is standard commercial practice. 3) JURISDICTION FLAGS: EU/EEA users may challenge the enforceability of this forum selection clause under EU consumer protection law. California residents should evaluate whether California consumer protection statutes create any additional forum rights. International organizations should assess whether mandatory local law overrides this designation. 4) CONTRACT AND VENDOR IMPLICATIONS: Standard commercial practice for a US-headquartered technology company. Procurement teams for multinational organizations should note the New York forum designation and assess whether it aligns with their standard vendor contract requirements. 5) COMPLIANCE CONSIDERATIONS: Multinational legal teams should assess whether the New York governing law clause adequately preserves mandatory protections for EU, UK, and other international users. Organizations subject to GDPR should confirm that data subject rights are addressed in the separately referenced Privacy Policy and are not inadvertently limited by this governing law clause.
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The terms require all disputes to be litigated in New York courts under New York law, which may create practical and legal barriers for users located outside New York, particularly those in the EU or other jurisdictions with mandatory consumer protection or data protection frameworks.
Users outside New York, including EU and international users, would need to litigate website disputes in New York under New York law, which may be burdensome and may not account for mandatory protections available under their local law.
ConductAtlas has identified this type of provision across 3 platforms. See the full comparison.
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