108 Total

Key Facts · in the document’s own words

What are A La Carte Fees?
“Usage of the Application Services exceeding the volume tier of the Subscription Plan purchased by Customer will result in Customer being charged additional fees ("A La Carte Fees"), at 150% of the unit price applicable to Customer's selected volume tier...”
Version CA-V-003479, captured June 5, 2026 · live source ↗
Our reading, not the document’s words
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?
“EXCEPT FOR EXCLUDED CLAIMS OR ENHANCED CLAIMS TO THE EXTENT APPLICABLE TO CUSTOMER, THE AGGREGATE AND CUMULATIVE LIABILITY OF EACH PARTY...SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL APPLICATION SERVICES FEES PAID OR PAYABLE BY CUSTOMER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE ACT...OR (B) ONE THOUSAND DOLLARS ($1,000).”
Version CA-V-003479, captured June 5, 2026 · live source ↗
Our reading, not the document’s words
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?
“Customer hereby grants to Mixpanel a non-exclusive, non-transferable right (except as expressly granted in this Agreement) and license to store, access, use, and transfer the Customer Content as described in this Agreement and the DPA for the limited purposes of: (i) providing and improving the Application Services and Professional Services; (ii) responding to service issues...”
Version CA-V-003479, captured June 5, 2026 · live source ↗
Our reading, not the document’s words
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 must the customer warrant it will comply with?
“Customer warrants it shall 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.”
Version CA-V-003479, captured June 5, 2026 · live source ↗
Our reading, not the document’s words
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, BUT NOT LIMITED TO THE IMPLIED INDEMNITIES AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.”
Version CA-V-003479, captured June 5, 2026 · live source ↗
Our reading, not the document’s words
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.
What damages does Mixpanel exclude liability for?
“EXCEPT FOR EXCLUDED CLAIMS, NEITHER CUSTOMER NOR MIXPANEL SHALL BE RESPONSIBLE OR LIABLE...FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.”
Version CA-V-003479, captured June 5, 2026 · live source ↗
Our reading, not the document’s words
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.
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Summary
Generated by a model from the captured document; not read by a person

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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2 important changes detected

6 versions captured · Latest change detected by ConductAtlas: June 2026

June 5, 2026

medium
What changed Mixpanel revised its definition of Usage Data by removing language that previously stated Usage Data does not include data identifying specific individuals. The updated terms now state only that Usage Data does not include Customer Content. This change broadens what Mixpanel may classify as Usage Data, potentially to include data that identifies or is attributable to specific individuals.
Why this matters The updated terms remove a prior restriction that explicitly excluded individually identifiable data from Mixpanel's definition of Usage Data. Under the revised language, Mixpanel may now classify data identifying or attributable to specific individuals as Usage Data. This expands the scope of data Mixpanel may use, retain, or share under its Usage Data provisions. Users should review Mixpanel's updated privacy policy and data usage terms to understand how individually identifiable data may now be processed.
View full change record →

May 9, 2026

medium
What changed Mixpanel revised its pricing terms to introduce automatic annual fee increases. Previously, fees remained fixed for the duration of each subscription term, with new pricing taking effect only at the start of a new term if agreed in writing. The updated terms now state that upon commencement of each renewal term, fees will automatically increase by seven percent (7%) over the fees from the immediately preceding subscription term, unless the parties expressly agree otherwise in writing.
Why this matters The updated terms establish automatic 7% annual fee increases at each renewal unless the parties expressly agree otherwise in writing. Previously, fees remained fixed for the subscription term and new pricing required written agreement. Under the revised language, customers will experience automatic cost escalation at renewal unless they actively negotiate or document a different arrangement. You can request a written agreement with Mixpanel to maintain fixed pricing or negotiate alternative increase terms before renewal.
View full change record →

Clauses withheld

We withheld clauses we had published from this document. Each withholding is recorded in our correction log:

Featured provisions
Generated by a model from the captured document; not read by a person

Complete Provision Index

Every distinct legal provision identified in this document. Featured provisions appear above with analysis.

108 provisions
12 featured
19 clause types
Restricted or Prohibited Content/Industries 1
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Archival ProvenanceSource & Archival Record
This version captured June 5, 2026 19:12 UTC
Last successful capture October 14, 2026 00:58 UTC
Date stated by the document June 2, 2026 (as printed in this version)
Capture Method Automated scheduled archival capture
Document ID CA-D-000703
Version ID CA-V-003479
SHA-256 (extracted text, extractor v5) 900fcb69f783472590d46a672513151554a1de4d74cdd6044c8776802432c7e9
✓ Snapshot stored Archived-bytes anchor not yet recorded

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