With respect to the Datadog Third-Party Software Product (“Datadog Services”), Customer agrees to the following.

  1. Datadog Terms. Customer’s access to and use of the Datadog Services is conditioned on Customer’s compliance with the then-current Datadog Subscription Agreement, available at https://www.datadoghq.com/legal/msa/ (the “Datadog Terms”), including the use restrictions, Service-Specific Terms, and Acceptable Use Policy incorporated therein.
  2. Use. Customer is responsible for any and all consents and notices required to permit Customer’s use of the Datadog Services and Datadog’s accessing, storing, and processing of Customer’s data in connection with the Datadog Services, and shall not submit Sensitive Information (as defined in the Datadog Terms) to the Datadog Services or use the Datadog Services on behalf of any government entity without ReliaQuest’s prior written consent.
  3. Committed Scope. If Customer’s usage of the Datadog Services in any calendar month(s) (or partial calendar month(s) if applicable) exceeds the quantities identified on the Order, or Customer uses any Datadog service or feature not identified on the Order, Customer (or Authorized Reseller if applicable) shall pay the resulting charges at the overage rate stated on the Order or, if none is stated, the amount charged to ReliaQuest by Datadog. Such charges are invoiced in arrears, payable upon invoice, and non-refundable, and do not increase committed quantities for any period.
  4. Auto-Renewal and Renewal Pricing. Unless otherwise stated in the Order, the Datadog Services automatically renew for successive periods equal in duration to the expiring term, unless either party provides written notice of non-renewal at least sixty (60) days before the end of the then-current term. ReliaQuest may increase pricing for each renewal term by no more than five percent (5%) over the pricing in effect for the immediately preceding term.
  5. Substitution. ReliaQuest may replace the Datadog Services with an alternative service that provides substantially similar functionality (the “Substitute Service”), provided that: (i) the substitution is at no additional cost to Customer and (ii) ReliaQuest manages the transition, including reasonable migration assistance.