to read this ToS
Datadoghq's fine print is longer than you think.
📺Longer than an entire sitcom episode.
The 5 things you actually need to know
⏱️ Saved you 15 min 2s- 1
They can use any content you upload or post for basically any reason, forever.
- 2
You have to defend them if someone sues them because of something you did on the app.
- 3
They can ban you or suspend your account for almost any reason, even if it's not your fault.
- 4
They might train AI on your data, but the policy is vague on specifics.
- 5
If you want to leave, good luck getting your data back or a refund. It's not guaranteed.
Generated by AI from the actual contract — but for the lawyer-level breakdown, scroll down 👇
AI training
- Severity 5
"By posting, displaying, publishing or making available for download or use any Content on the Site (other than personal information that is subject to the Privacy Policy), you hereby grant Datadog a perpetual, worldwide, nonexclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) license to perform, display, reproduce, prepare derivative works from, distribute, sell, sublicense, transfer and otherwise use without restriction all or any part of such Content."
Datadog can use any content you post or upload on their site forever, worldwide, and without paying you, for any reason including training their AI.
Anything you share on Datadog's platform, even if it's not personal info, can be used to train their models and is permanently theirs to use.
⚖️Matches Authors Guild v. OpenAI (2023)
Auto-renewal
No flags in this category.
Price hikes
No flags in this category.
Data residency
- Severity 3
"Datadog controls the Site from its New York, NY, USA offices. If you use this website from other locations, you are responsible for compliance with local Applicable Laws. Datadog makes no representation that the products and services referenced herein are appropriate, or available, worldwide."
Datadog operates its services from New York and makes no promises that its products are available or appropriate for use worldwide.
You are responsible for complying with local laws if you use Datadog outside the US, and they offer no guarantee of service availability elsewhere.
Termination friction
- Severity 4
"Datadog may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate customer data. Datadog also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct."
Datadog may share your data with law enforcement or other third parties if they suspect illegal activity, even if it was unintentional.
Your usage data could be disclosed to authorities without your knowledge if Datadog believes it's necessary for an investigation.
- Severity 4
"If you violate these Terms, Datadog may suspend or terminate your use of the Site. Datadog’s right to suspend or terminate your use of Site applies even if a breach is committed unintentionally or without your authorization if Datadog believes that suspension or termination is necessary to ensure compliance with Applicable Laws or to protect the rights, safety, privacy, security or property of Datadog, its customers or third parties."
Datadog can suspend or terminate your access if they think you violated the terms, even if it was unintentional, to protect themselves or others.
Your access can be cut off without warning if Datadog suspects a violation, potentially disrupting your business operations.
⚖️Matches PayPal Account Hold / Freeze Class Action — settled for $4M (2021)
Liability caps
- Severity 4
"TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL DATADOG, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE; AND (b) IN NO EVENT SHALL DATADOG’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED TWO HUNDRED U.S. DOLLARS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE."
Datadog's total liability to you is capped at $200, regardless of the damages you suffer, including business interruption or data loss.
If Datadog causes a major outage that costs you thousands, you can only recover a maximum of $200 from them.
⚖️Matches Yahoo! Customer Data Security Breach Settlement — settled for $118M (2019)
Indemnification
- Severity 3
"You agree to defend, indemnify and hold harmless Datadog, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys’ fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Site, breach of these Terms (including any Datadog policy referenced in these Terms), violation of law, or any Content that you post, upload or cause to interface with the Site, or otherwise transfer, process, use or store in connection with the Site."
You must defend Datadog against any third-party claims that arise from your use of their site, your content, or your violation of their terms.
You could be responsible for paying legal fees and damages if someone sues Datadog because of something you did on their platform.
⚖️Matches T-Mobile Data Breach Settlement — settled for $350M (2022)
Silent term changes
- Severity 4
"In the event any information posted on the Site from time to time conflicts with any provision of these Terms, the applicable provision of these Terms shall control."
If information posted on Datadog's site conflicts with the terms, the terms will always take precedence.
You must rely on the official terms of service, as any conflicting information elsewhere on the site is invalid.
⚖️Matches Italian DPA (Garante) v. WhatsApp — settled for $6M (2022) - Severity 4
"Datadog may modify these Terms at any time by posting a revised version on the Site. By accessing the Site, you agree to the latest version of these Terms."
Datadog can change these terms at any time by posting an update on their site, and your continued use means you accept the new terms.
You might be bound by new terms you haven't read or agreed to, simply by continuing to use the service.
⚖️Matches Italian DPA (Garante) v. WhatsApp — settled for $6M (2022)
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Datadoghq · grade D
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