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.
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 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.
Interpretive note: The enforceability of a complete exclusion of direct damages, and particularly the personal injury liability exclusion, may vary significantly by jurisdiction, with EU and several U.S. states likely limiting the clause's scope under mandatory consumer protection law.
Expanded liability shield to cover affiliates, licensors, service providers, employees, agents, officers, and directors; added punitive damages and personal injury/pain and suffering to the exclusion list; broadened scope to include inability to use and linked websites; changed structure from 'shall not' to 'will not'.
View full change record →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.
How other platforms handle this
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The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.
"IN NO EVENT WILL DATADOG, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE.Excerpt from Datadog's Terms of Use
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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.
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.
ConductAtlas has identified this type of provision across 286 platforms. See the full comparison.
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