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”).

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.

5. On-Call Service

   
   (last updated January 15, 2025)
   

   1. The On-Call Service is a notification service that places calls, or sends SMS and MMS based text messages from the Datadog platform to specified recipients enrolled by the Customer (“Recipients”) to notify the Recipients of alerts that are triggered by the Customer’s use of the Services.
   2. Message and data rates may apply for the text messages received by the Recipient. The frequency at which Datadog will send text messages to Recipients depends on the Customer’s use of the Services and thus will vary. Questions about the Customer’s or Recipient’s text or data plan should be directed to their respective wireless providers. Customer is responsible for obtaining Recipient’s consent for calls or messages delivered outside of normal business hours.
   3. Recipients can remove themselves from the On-Call Service and stop receiving text messages at any time by texting “STOP” to the number they receive text messages from. They may also text “HELP” for more assistance or contact support by e-mailing support@datadoghq.com, or visiting https://help.datadoghq.com. Datadog will send the Recipient an SMS message to confirm that it has been unsubscribed. After this, the Recipient will no longer receive calls or SMS messages from Datadog for purposes of this On-Call Service. If the Customer wants to re-enroll the Recipient, the Customer must obtain the consent of, and re-register, the Recipient to receive SMS messages or voice calls from Datadog as it did the first time. Customer shall remove or de-register any number that has been reassigned from a Recipient, or where consent for receiving messages is otherwise inapplicable. Customer agrees that a Recipient’s status on a state or federal do-not-call list does not apply to the On-Call Service.
   4. Supported mobile carriers may change without notice. Datadog and the mobile carriers are not liable for delayed or undelivered messages.
   5. Privacy Terms. For questions regarding privacy, please refer to our Data Processing Addendum (“DPA”) or any pre-existing, applicable DPA between the Customer and Datadog. Customer acknowledges that the contact information collected through the On-Call Service for purposes of providing the On-Call Service (“Recipient Data”) is Customer Personal Data and Datadog’s Processing of Recipient Data will be in accordance with the applicable DPA between the Customer and Datadog. Notwithstanding the terms of the applicable DPA, Datadog will not share Recipient Data with any third-parties for any purpose other than to provide and support the On-Call Service.
   6. Use Policies. Customer’s use of the On-Call Service must not violate the usage policies provided at:
      
      • https://www.twilio.com/legal/aup
      • https://www.vonage.com/legal/communications-apis/acceptable-use/

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.

Notification for Updates