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
These Terms shall be governed by the laws of the State of California, excluding its conflicts of law rules, and the federal laws of the United States. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California...
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice o...
These Terms are governed by the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provisions. Any disputes not subject to arbitration will be resolved in the state or federal courts located in Hennepin County, Minnesota.
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"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 Datadog Terms of Use
1. REGULATORY LANDSCAPE: Forum selection and choice of law clauses are generally enforceable in U.S. commercial contexts under federal and state contract law. However, EU consumer protection law and Regulation (EC) No 593/2008 (Rome I) may require that EU consumers retain the protections of their member state's mandatory law even where a foreign governing law is designated. UK post-Brexit rules similarly preserve certain mandatory consumer law protections regardless of contract choice of law. 2. GOVERNANCE EXPOSURE: Medium for non-U.S. users. The New York governing law designation is standard for U.S.-headquartered companies and is operationally significant primarily for international users or users in states with stronger consumer protection regimes than New York. 3. JURISDICTION FLAGS: EU and UK users may retain mandatory protections under applicable consumer law notwithstanding the New York governing law clause. California residents may retain rights under the California Consumer Privacy Act and other California-specific statutes. Organizations with cross-border operations should evaluate whether this clause conflicts with internal policy requirements regarding dispute resolution jurisdiction. 4. CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams that maintain standard vendor contract terms specifying alternative governing law or dispute forums should flag this clause for potential negotiation in any master services agreement with Datadog. The website terms are unlikely to be negotiable individually, but the subscription services agreement may address governing law separately. 5. COMPLIANCE CONSIDERATIONS: International legal teams should confirm whether mandatory consumer or data protection law in their jurisdiction overrides the New York choice of law designation, particularly for EU, UK, and Australian users. Document the analysis for any jurisdiction where Datadog website use is part of regulated operational workflows.
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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.
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