Limitation of Liability

What it is

The agreement excludes Datadog's liability for all categories of damages including direct, indirect, special, incidental, consequential, and punitive damages arising from website use or inability to use the site, under any legal theory including tort and contract. This exclusion applies to Datadog and its affiliates, licensors, service providers, employees, agents, officers, and directors.

Why it matters (compliance & governance perspective)

This provision limits the recoverable damages available to users for claims arising from website use to potentially nothing, as the clause excludes both direct and indirect damages without stating a minimum recovery floor. Applicable law in some jurisdictions may render portions of this limitation unenforceable.

Change history

Consumer impact (what this means for users)

Under this clause, users have no contractual basis for recovering direct, indirect, or consequential damages from Datadog arising from their use of or inability to use the datadoghq.com website. The agreement excludes liability for a broad range of harm categories including loss of data, loss of profits, and personal injury caused by website-related issues.

Institutional analysis (Compliance & governance intelligence)

1. REGULATORY LANDSCAPE: Broad exclusions of direct damages are subject to legal challenge in several jurisdictions. EU consumer protection law and some U.S. state statutes may render complete exclusions of liability for direct damages unenforceable against consumers. The FTC Act's prohibition on unfair or deceptive practices may be relevant where liability exclusions are applied in ways inconsistent with consumer expectations. 2. GOVERNANCE EXPOSURE: Medium. The clause purports to exclude even direct damages without a monetary cap, which is operationally significant for organizations that experience measurable harm from site unavailability or inaccurate content during time-sensitive activities such as procurement or compliance review. The clause's breadth is notable in that it excludes personal injury liability, which many jurisdictions treat as non-waivable. 3. JURISDICTION FLAGS: EU member state consumer protection law generally prohibits exclusion of liability for death, personal injury, or damage caused by negligence. California and other states may similarly restrict complete liability exclusions against consumers. New York law, designated as governing, generally permits commercial liability limitations but may not enforce the full scope of this clause against consumers. 4. CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should note that this limitation applies to the website only and does not govern liability under the separate Datadog subscription services agreement, which likely contains its own liability provisions. Organizations should confirm liability caps and remedies applicable to their paid services relationship in that separate agreement. 5. COMPLIANCE CONSIDERATIONS: Legal teams assessing this clause should evaluate whether applicable mandatory law in the user's jurisdiction renders portions of this limitation unenforceable, particularly the exclusion of direct damages and the personal injury carve-out. Document the jurisdictional analysis before relying on or challenging this clause in a dispute context.

Applicable agencies

Applicable regulations

Provision details

Other risks in this policy

• Intellectual Property Ownership and Use Restrictions medium
• User Indemnification Obligation medium
• Disclaimer of Warranties low
• Governing Law and Jurisdiction medium
• Right to Terminate or Restrict Access low
• Acceptable Use Restrictions low