Mixpanel Terms of Use

This document governs access to and use of Mixpanel's analytics platform and services, establishing a contract between Mixpanel, Inc. and users or subscribing organizations on the basis of acceptance through continued use or account registration. The agreement states that Mixpanel collects and processes event data, user identifiers, and behavioral analytics data on behalf of its customers (businesses), who act as data controllers, while Mixpanel operates as a data processor under its customers' instructions, with obligations flowing primarily to business subscribers rather than end users whose data is tracked. The terms structure liability through mutual limitations on consequential damages and caps on direct damages, and authorize Mixpanel to use aggregated, de-identified data derived from customer data for product improvement and benchmarking purposes, a provision that warrants attention in data processor relationships. The agreement engages GDPR and CCPA frameworks given Mixpanel's role processing personal data on behalf of business customers across EU/EEA and California contexts, with the Data Processing Agreement referenced as a governing instrument for those obligations; COPPA considerations arise given the potential for end-user data to include minors' behavioral data depending on the customer's application. Compliance teams should note that the data processing relationship places primary regulatory accountability on the business customer as controller, but Mixpanel's reserved rights to use de-identified aggregate data and the scope of sub-processor authorizations require evaluation under applicable data protection frameworks.