The agreement requires users to defend, indemnify, and hold harmless Datadog and its affiliates against any claims, damages, losses, costs, and attorneys fees arising from the user's violation of the terms or use of the website. This obligation extends to Datadog's officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns.
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 places the financial and legal burden of defending third-party claims arising from site use on the user, including attorneys fees, without a reciprocal indemnification obligation from Datadog. In enterprise procurement contexts, this clause may require negotiation or disclosure to internal legal teams.
Interpretive note: Enforceability of this clause against individual consumers may vary by jurisdiction, particularly in California and EU member states where consumer protection frameworks may limit broad unilateral indemnification obligations.
This new provision imposes broad indemnification obligations on users to cover Datadog's legal costs and damages for user violations or website use, significantly expanding user liability exposure.
View full change record →Under this clause, users who violate the terms or whose site use gives rise to third-party claims are required to bear the cost of defending and indemnifying Datadog and a broad set of affiliated parties. The agreement does not establish a corresponding indemnification obligation running from Datadog to the user.
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"You agree to defend, indemnify, and hold harmless Datadog, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.— Excerpt from Datadog's Datadog Terms of Use
1. REGULATORY LANDSCAPE: User indemnification clauses in website terms are not directly regulated by a specific federal statute, but the FTC Act's prohibition on unfair or deceptive practices may be relevant if the clause is applied in ways that are unconscionable or not adequately disclosed to consumers. State consumer protection laws, particularly in California and New York, may impose additional constraints on the enforceability of broad indemnification obligations against individual consumers. 2. GOVERNANCE EXPOSURE: Medium. The clause is broadly drafted to cover any claim arising from site use, not just claims arising from user misconduct, which may create ambiguity about the scope of indemnification obligations in practice. Enterprise legal teams should assess whether this clause conflicts with their organization's standard vendor agreement terms. 3. JURISDICTION FLAGS: California courts have in some contexts scrutinized one-sided indemnification clauses under unconscionability doctrine. EU consumer protection frameworks may limit the enforceability of broad indemnification obligations against individual consumers. The clause designates New York law, which generally enforces indemnification provisions in commercial contexts but may apply additional scrutiny in consumer-facing agreements. 4. CONTRACT AND VENDOR IMPLICATIONS: Organizations with standard procurement policies that include mutual indemnification or liability caps should flag this clause for review, as it imposes a unilateral indemnification obligation with no stated cap. The clause extends indemnification to Datadog's successors and assigns, meaning the obligation survives corporate transactions involving Datadog. 5. COMPLIANCE CONSIDERATIONS: Legal teams should determine whether this indemnification obligation requires disclosure in their organization's vendor risk assessments or legal register, particularly where the website is accessed by employees as part of operational workflows. Where individual consumers rather than business entities are the primary users, applicable law may limit the practical enforceability of this clause.
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This provision places the financial and legal burden of defending third-party claims arising from site use on the user, including attorneys fees, without a reciprocal indemnification obligation from Datadog. In enterprise procurement contexts, this clause may require negotiation or disclosure to internal legal teams.
Under this clause, users who violate the terms or whose site use gives rise to third-party claims are required to bear the cost of defending and indemnifying Datadog and a broad set of affiliated parties. The agreement does not establish a corresponding indemnification obligation running from Datadog to the user.
ConductAtlas has identified this type of provision across 83 platforms. See the full comparison.
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