Governance document

CA-D-000703

Mixpanel Terms of Use

Mixpanel

Last change detected June 5, 2026 Terms of service

SHA-256: ac40e76378ab5a69d6c… 6 versions captured 5 changes documented

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This page describes what the document states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability may vary by jurisdiction. Methodology

108 Total

50 High severity

51 Medium severity

7 Low severity

Key Facts

What are A La Carte Fees?

Mixpanel charges customers additional fees, called A La Carte Fees, at 150% of the unit price applicable to the customer's selected volume tier when usage of the Application Services exceeds the volume tier of the Subscription Plan purchased.

What does Mixpanel cap each party's aggregate and cumulative liability at?

Mixpanel caps each party's aggregate and cumulative liability at the greater of: (A) total Application Services fees paid or payable by Customer in the twelve months immediately preceding the act giving rise to liability, or (B) one thousand dollars ($1,000).

What right does Mixpanel grant itself regarding Customer Content?

Mixpanel grants itself a non-exclusive, non-transferable right to store, access, use, and transfer Customer Content for the limited purposes of providing and improving the Application Services and Professional Services, and responding to service issues.

What are the limited purposes for which Mixpanel may use Customer Content?

What must the customer warrant it will comply with?

Mixpanel requires the customer to warrant that it will comply with all U.S. export control and economic sanctions laws and regulations as they relate to access to and use of the Application Services.

What does the customer warrant it will comply with as it relates to access to and use of the Application Services?

Mixpanel requires the customer to warrant that it will comply with all U.S. export control and economic sanctions laws and regulations as they relate to access to and use of the Application Services.

What warranties do Mixpanel and its suppliers and licensors disclaim?

Mixpanel and its suppliers and licensors expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Do Mixpanel and its suppliers and licensors disclaim implied warranties?

What damages does Mixpanel exclude liability for?

Mixpanel excludes liability for either party for any lost profits or revenues, or for any indirect, special, incidental, consequential, or punitive damages, whether or not the party has been advised of the possibility of such damage.

Does Mixpanel exclude liability for lost profits or revenues?

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Summary

This document sets the rules for using Mixpanel's analytics services: Mixpanel can change its prices or terms at any time by posting an update, and continuing to use the service means you accept those changes. If you use more data than your plan covers, you'll be billed at 150% of your normal per-unit rate, and your fees automatically rise 7% each renewal period. Mixpanel's financial responsibility to you is capped at one year of fees paid or $1,000, whichever is greater, and you cannot recover lost profits or other indirect damages.

Analysis

Mixpanel's Terms of Use establish the scope and conditions under which customers may access and use the Application Services under a revocable, non-exclusive, non-transferable license restricted to internal business purposes. The agreement sets out a layered fee structure in which renewal terms automatically increase by 7% and overages are billed at 150% of the applicable tier's unit price, while Mixpanel retains sole discretion to modify pricing, discontinue plans, and amend terms upon posting without prior notice. Liability exposure for both parties is capped at the greater of twelve months of fees paid or $1,000, and all implied warranties are disclaimed; consequential, indirect, and punitive damages are excluded entirely. Mixpanel grants itself a limited license to store, access, use, and transfer Customer Content for service delivery and improvement, and bears defense obligations for third-party IP infringement claims arising from a customer's permitted use.

What this means for you

An individual user's access rights are limited, non-transferable, and revocable, and apply only to internal business use — not resale or redistribution. Fees grow automatically at each renewal through the 7% compounding increase, and any usage beyond a purchased volume tier is billed at 150% of the standard unit price with no prior notice required. Mixpanel may modify or discontinue free plans at any time in its sole discretion without advance warning, and changes to the agreement take effect upon posting. If a user believes posted terms have changed materially, they should review updates before continuing to use the Application Services, because continued use constitutes acceptance.

Institutional Analysis

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5 important changes detected

6 versions captured · Last updated: June 2026

June 5, 2026

medium

What changed On June 5, 2026, Mixpanel removed language from its Terms of Use that excluded data identifying or attributable to specific individuals from the definition of Usage Data. The updated terms now state that Usage Data does not include Customer Content, but no longer explicitly exclude individually identifiable data. This removes a prior contractual limitation on what Mixpanel may classify and use as Usage Data.

Why this matters The updated terms remove a contractual protection that previously prohibited Mixpanel from treating individually identifiable data as Usage Data. Under the revised language, Mixpanel may now classify data that identifies or is attributable to specific individuals as Usage Data, potentially making such data subject to uses and disclosures beyond what the Customer Content exclusion permits. This broadens the category of data Mixpanel may process and analyze under the Usage Data definition. The terms do not provide a mechanism to opt out of this reclassification.

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June 4, 2026

low

What changed Mixpanel modified a single sentence in their Terms of Use regarding how to receive notifications about material changes to the agreement. The previous version stated 'To receive updates regarding material modifications to the terms and conditions of this Agreement, please complete this form.' The updated version adds a space before the final period: 'To receive updates regarding material modifications to the terms and conditions of this Agreement, please complete this form .' This is a formatting correction with no operational impact on the notification process or user rights.

Why this matters This change does not materially affect the terms consumers operate under. The updated language describes the same notification process for receiving information about material modifications to the agreement. The modification is a spacing correction that does not alter the substance, scope, or enforceability of the notification mechanism.

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June 3, 2026 low

Mixpanel's Terms of Use were updated on June 3, 2026, with the last-updated date changing from May 8, 2026 to June 2, 2026. The change summary indicates 13 sentences were …

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June 2, 2026 low

Mixpanel's Terms of Use navigation menu was updated on June 2, 2026 to add a new reference to 'Mixpanel AI - Trust, Safety, and Compliance' alongside existing governance links. This …

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May 9, 2026 medium

Mixpanel's Terms of Use were updated on May 9, 2026 to introduce an automatic 7% annual fee increase upon each renewal term. Previously, the terms stated that fees remained fixed …

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Featured, High severity

Aggregate Liability Cap at 12-Month Fees or $1,000 Compare →

The cap limits the maximum financial recovery available to either party regardless of the magnitude of actual harm suffered, because total liability cannot exceed twelve months of fees or $1,000, whichever is greater.

Added July 10, 2026 Standard Seen across 287 platforms
A La Carte Fees at 150% for Overage Usage Compare →

Usage beyond the purchased volume tier is billed at a 150% rate, meaning overage costs are significantly higher than the standard per-unit price the customer negotiated.

Added July 10, 2026 Standard Seen across 231 platforms
Automatic 7% Annual Renewal Price Increase Compare →

Because the increase is automatic and compounding across renewal terms, the customer's costs rise each renewal period without any affirmative action by Mixpanel or the customer.

Added July 10, 2026 Standard Seen across 231 platforms
Customer Grants Mixpanel License to Use Customer Content Compare →

By granting this license, the customer authorizes Mixpanel to handle Customer Content in specified ways; the scope of permitted uses directly defines how Mixpanel may interact with the customer's data.

Added July 10, 2026 Standard Seen across 279 platforms
Customer Must Comply with US Export Control Laws Compare →

Because compliance is framed as a warranty, breach of applicable U.S. export control or sanctions laws could constitute a breach of the Agreement itself, not merely a violation of external law.

Added July 10, 2026 Standard Seen across 183 platforms
Disclaimer of All Implied Warranties Compare →

The disclaimer eliminates the customer's ability to rely on implied legal protections about the quality, suitability, or ownership of the Application Services.

Added July 10, 2026 Standard Seen across 287 platforms
Exclusion of Indirect and Consequential Damages Compare →

The exclusion prevents a customer from recovering the categories of harm most commonly associated with service failures—lost profits, lost revenue, and consequential losses—regardless of whether Mixpanel had prior notice of the risk.

Added July 10, 2026 Standard Seen across 287 platforms
Free Plan Modification or Discontinuation Without Notice Compare →

Customers on free plans have no contractual assurance of continuity, advance warning, or appeal, because Mixpanel retains sole discretion to alter or eliminate those plans without notice.

Added July 10, 2026 Standard Seen across 263 platforms
Limited Non-Exclusive Right to Use Application Services Compare →

The grant is revocable and restricted to internal business use, meaning the customer has no permanent entitlement and cannot commercialize or redistribute access to the Application Services.

Added July 10, 2026 Standard Seen across 297 platforms
Mixpanel Indemnifies Customer for IP Infringement Claims Compare →

Mixpanel bears the defense burden and cost for covered IP infringement claims, which protects the customer from litigation expenses arising from their permitted use of the Application Services.

Added July 10, 2026 Standard Seen across 229 platforms
Mixpanel Right to Modify Agreement Terms by Posting Compare →

Because acceptance is triggered by continued use rather than affirmative consent, a customer who uses the Application Services after a modification is posted is bound by the new terms without signing or clicking to agree.

Added July 10, 2026 Standard Seen across 289 platforms
Mixpanel Right to Modify Pricing Without Notice Compare →

Because Mixpanel may change pricing in its sole discretion without prior notice, customers have no contractual assurance of price stability for any service or Subscription Plan.

Added July 10, 2026 Standard Seen across 263 platforms