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.
How other platforms handle this
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you agree to cooperate with Walmart if and as requested by Walmart in the defense and settlement of such matter.
"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 Terms of Use
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Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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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 229 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Datadog.