Capitalized terms not otherwise defined in these Supplemental Terms will have the respective meanings assigned to them in the Master Subscription Agreement at https://www.datadoghq.com/legal/msa/ (the “MSA”).

Service-Specific Terms

1. AI / LLM Observability

   
   (last updated April 01, 2024)
   
   

   LLM Observability, Bits AI, and other Services and features that are identified with the Bits AI logo or similar AI logos are the “Generative AI Services” and are subject to the following terms:

   1.  Customer’s use of the Generative AI Services must not violate the usage policies provided at https://beta.openai.com/docs/usage-policies.
   2.  Datadog claims no ownership in Generative AI Service output. Datadog will have the right to use Generative AI Service output for quality control and service improvements. To the extent that Datadog has any other right in the Generative AI Service output, Datadog assigns that ownership to Customer.
   3.  Customer may not provide inputs to be processed by the Generative AI Services that infringe, misappropriate, or otherwise violate any party’s intellectual property rights or that are intended to result in the infringement, misappropriation, or violation of any party’s intellectual property rights.
   4.  For clarity, the output from the Generative AI Services does not constitute part of the Generative AI Services.
   5.  The output produced by the Generative AI Services uses technology that may produce incorrect or inaccurate output. All output produced by the Generative AI Services, including code and tests, should be carefully reviewed and vetted before being used by Customer, including, without limitation, addressing any logic or syntax errors with the Generative AI Service output and ensuring compliance with applicable open source obligations and third party’s intellectual property rights.
   6.  Notwithstanding anything to the contrary in the Agreement, Customer shall not use the Generative AI Services to Process any protected health information subject to the Health Insurance Portability and Accountability Act of 1996.

2. Cloudcraft

   
   (last updated January 03, 2024)
   
   

   The Datadog Cloudcraft Service enables Customer to create professional architecture diagrams using the Cloudcraft visual designer, optimized for AWS with smart components. Customer’s use of the Datadog Cloudcraft Service is subject to the Cloudcraft Terms and Conditions available here.

3. Real User Monitoring and Session Replay

   
   (last updated January 03, 2024)
   
   

   Through Customer’s use of Real User Monitoring (“RUM”) and Session Replay, cookies are placed on the devices of Customer’s end users and data on Customer’s end users is collected by default. Depending on Customer’s configuration and use of RUM and Session Replay, such cookie information may include Personal Information. Datadog makes no representations or warranties that Customer’s use of RUM or Session Replay is or will be permitted under applicable law. Customer is responsible for complying with applicable law with regards to Customer’s particular use of RUM and Session Replay. These requirements may include, among other things, obtaining consents and providing appropriate notices to users. RUM and Session Replay is only to be used on sites and for applications that Customer has the express permission to do so, or that are otherwise owned or controlled by Customer.

4. Sensitive Data Scanner

   
   (last updated January 03, 2024)
   
   

   Sensitive Data Scanner (“SDS”) is a pattern matching service designed to identify, tag, and redact or hash sensitive data before it is stored in the Services. This sensitive data may include Personal Data and Sensitive Information. SDS relies upon out-of-the-box and Customer-defined rules to hash and/or redact data matching the rules. Customer is responsible for the accuracy and performance of all rules. Accordingly, Datadog makes no representation that SDS will prevent all sensitive data from being included in Customer Data stored in the Services.

Other Terms

(last updated January 03, 2024)

The terms previously listed in this section for applicable California state privacy requirements are no longer a part of our Supplemental Terms and are now covered by our Data Processing Addendum (DPA). In order for both parties to be in compliance with the California Consumer Privacy Act (“CCPA”), the CCPA terms in our DPA are incorporated herein solely: (i) to the extent they are required in connection with Customer’s use of the Services; and (ii) for Customers that are not subject to our DPA and do not otherwise have terms with Datadog covering CCPA obligations. For more information on Datadog’s commitments on GDPR, and U.S. domestic requirements like HIPAA, please visit our Privacy page. If you would like to see Datadog’s commitments on PCI-DSS and our third party audits and certifications, please visit our Trust Center.