Datadog limits its legal responsibility for any harm you suffer from using the website, excluding a wide range of damage types including lost profits and indirect losses.
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 exclude Datadog's liability for indirect, incidental, special, exemplary, and consequential damages arising from use of the website, which substantially narrows the categories of loss for which users could seek recovery.
Interpretive note: Enforceability of consequential damages exclusions varies by jurisdiction and may be limited under EU consumer law or applicable state statutes.
Users who suffer indirect or consequential harm from using Datadog's website, such as data loss or business disruption, would face significant limitations on their ability to recover those losses under this provision.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WHATNOT NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORT...
In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...
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"IN NO EVENT WILL DATADOG BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR THESE TERMS, EVEN IF DATADOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.— Excerpt from Datadog's Datadog Terms of Use
1) REGULATORY LANDSCAPE: Consequential damages exclusions are standard in commercial website terms but may be limited in enforceability under EU consumer law and certain state statutes. The FTC Act's unfair or deceptive practices framework could be relevant where limitation of liability clauses are applied in a manner that undermines reasonable consumer expectations. 2) GOVERNANCE EXPOSURE: Low for standard website use. Medium for organizations using the website to access technical documentation, integrations, or trial services, where reliance on site availability could create operational dependencies. 3) JURISDICTION FLAGS: EU/EEA users may retain rights under consumer protection law that limit the enforceability of consequential damages exclusions. New York law governs per the terms, but EU mandatory law may apply to EU-resident users regardless of the governing law clause. 4) CONTRACT AND VENDOR IMPLICATIONS: This clause is standard commercial practice for website terms. It does not shift indemnification obligations or create unusual audit rights. Procurement teams should confirm that the paid platform's Master Subscription Agreement contains appropriate liability provisions for the production environment. 5) COMPLIANCE CONSIDERATIONS: Legal teams should confirm that the limitation of liability in the website terms does not interact adversely with any representations made during the sales process or in separate service agreements. Organizations in regulated sectors should confirm that any limitations on Datadog's website liability do not extend to the separately governed platform relationship.
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The terms exclude Datadog's liability for indirect, incidental, special, exemplary, and consequential damages arising from use of the website, which substantially narrows the categories of loss for which users could seek recovery.
Users who suffer indirect or consequential harm from using Datadog's website, such as data loss or business disruption, would face significant limitations on their ability to recover those losses under this provision.
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