The agreement designates New York law as governing all disputes related to the website and these terms, including non-contractual claims, and excludes conflict of law rules that might otherwise apply another jurisdiction's law. Disputes are to be resolved exclusively in New York state or federal courts.
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
This provision requires users in other U.S. states or international jurisdictions to resolve disputes under New York law and in New York courts, which may affect the availability of consumer protections specific to the user's home jurisdiction, though applicable mandatory law in the user's jurisdiction may override this designation in some cases.
Interpretive note: The enforceability of the New York governing law and exclusive jurisdiction clause against consumers in EU, UK, and certain U.S. states may be limited by mandatory consumer protection provisions in those jurisdictions.
Removed explicit exclusive jurisdiction clause requiring federal or state courts in New York, replaced with broader 'all matters' language and added clarification that non-contractual disputes are included; changed 'laws' to 'internal laws'.
View full change record →The agreement requires that disputes arising from website use be governed by New York law and resolved in New York courts, regardless of the user's location. Users in other jurisdictions may find that certain consumer protections available under their local law are not available under New York law, though mandatory law provisions may apply in some jurisdictions.
How other platforms handle this
In the EU and EEA, the choice of Texas governing law shall not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.
For any claims that are not subject to arbitration...U.S. Residents: Delaware law; venue exclusively in the state or federal courts in New Castle County, Delaware
These Terms are governed by the laws of the State of California and the United States without regard to conflicts of laws provisions
"All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.Excerpt from Datadog's Terms of Use
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This provision requires users in other U.S. states or international jurisdictions to resolve disputes under New York law and in New York courts, which may affect the availability of consumer protections specific to the user's home jurisdiction, though applicable mandatory law in the user's jurisdiction may override this designation in some cases.
The agreement requires that disputes arising from website use be governed by New York law and resolved in New York courts, regardless of the user's location. Users in other jurisdictions may find that certain consumer protections available under their local law are not available under New York law, though mandatory law provisions may apply in some jurisdictions.
ConductAtlas has identified this type of provision across 267 platforms. See the full comparison.
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