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By accepting the agreement, Customer grants Mixpanel the right to use Customer's name and logo in Mixpanel's marketing materials and website, and agrees to act as a customer reference and respond to reference inquiries.
This analysis describes what Mixpanel's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision grants Mixpanel a marketing license to Customer's name and logo upon agreement acceptance without requiring a separate opt-in or providing a stated opt-out mechanism, and additionally obligates Customer to participate as a reference customer and respond to reference contacts.
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.
View change record →The updated terms establish an automatic 7% fee increase mechanism that takes effect upon each subscription renewal. Previously, subscription fees remained fixed for the duration of the subscription term, with new pricing becoming effective only at the start of a new subscription term and only if the parties agreed in writing. Under the revised language, fees will now automatically escalate by 7% upon commencement of each renewal term unless the parties expressly agree otherwise in writing. This shifts the default pricing behavior from fixed-term rates to automatic annual escalation.
View change record →Under this clause, Customer's company name and logo may be displayed in Mixpanel marketing materials and on Mixpanel's website, and Customer is contractually obligated to respond reasonably to reference inquiries from Mixpanel's prospective customers.
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"Customer agrees, and hereby provides Mixpanel with the necessary rights and licenses, to identify Customer as a user of the Application Services and use Customer's name and logo on the Mixpanel Sites and marketing materials. Customer agrees to act as a customer reference for the Application Services and Customer agrees to respond reasonably to all such reference contacts.Excerpt from Mixpanel's Terms of Use
(1) REGULATORY LANDSCAPE: Use of a company name and logo in third-party marketing implicates trademark law and may require compliance with internal brand governance policies. No specific federal regulation directly governs B2B reference and marketing rights clauses, though general contract law principles apply. Organizations subject to regulated communications or brand use policies, such as financial services or healthcare entities, may face internal compliance requirements regarding public association with third-party vendors. (2) GOVERNANCE EXPOSURE: Medium. The marketing and reference obligation is embedded in the standard terms and activates upon agreement acceptance without a separate opt-in. Organizations with brand use approval processes or restrictions on public disclosure of vendor relationships may require a contractual carve-out. The customer reference obligation, requiring reasonable response to reference contacts, creates an ongoing operational commitment that procurement teams should communicate to the appropriate internal stakeholders. (3) JURISDICTION FLAGS: No jurisdiction-specific heightened exposure identified. The clause applies to all customers regardless of geography. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should assess whether the organization's standard vendor agreement policies require that marketing and reference rights be explicitly negotiated and separately documented rather than embedded in general terms. Organizations that restrict disclosure of vendor relationships for competitive or regulatory reasons should seek a written carve-out. (5) COMPLIANCE CONSIDERATIONS: Communications, marketing, and legal teams should be informed of the reference customer obligation so that reference inquiries routed to the organization can be appropriately managed and responded to in a manner consistent with internal policies.
This provision grants Mixpanel a marketing license to Customer's name and logo upon agreement acceptance without requiring a separate opt-in or providing a stated opt-out mechanism, and additionally obligates Customer to participate as a reference customer and respond to reference contacts.
Under this clause, Customer's company name and logo may be displayed in Mixpanel marketing materials and on Mixpanel's website, and Customer is contractually obligated to respond reasonably to reference inquiries from Mixpanel's prospective customers.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Mixpanel.