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
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 →How other platforms handle this
You make it clear that you (not us) are responsible for anything that happens during your event
You agree that your access to the Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.
We require these service providers to contractually commit to security and confidentiality obligations for the Personal Data they process on our behalf.
"As between Mixpanel and Customer, Customer is responsible for complying with licenses, the applicable terms and conditions, providing required notices and obtaining appropriate consents from its end-users and paying fees for Third-Party Services.Excerpt from Mixpanel's Terms of Use
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
The clause states: “As between Mixpanel and Customer, Customer is responsible for complying with licenses, the applicable terms and conditions, providing required notices and obtaining appropriate consents from its end-users and paying fees for Third-Party Services.”
ConductAtlas has identified this type of provision across 298 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Mixpanel.