Mixpanel makes no guarantees that its analytics platform will work perfectly, be accurate, or meet your specific business needs — you use it at your own risk.
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 disclaimer allocates risk by establishing that Mixpanel assumes no warranty obligations regarding service performance, reliability, or data quality. The provision narrows the scope of remedies available to users by establishing that the service is offered without guarantees of meeting specified requirements or operating characteristics.
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 →Removal of the broad warranty disclaimer potentially subjects Mixpanel to implied warranty claims regarding service quality, accuracy, and reliability.
View full change record →Mixpanel explicitly disclaims any guarantee that its analytics data is accurate or complete, meaning business decisions made on the basis of Mixpanel's event data are made entirely at your organization's risk with no contractual warranty of data quality.
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THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRAMMARLY DOES NOT WARRANT THAT THE SERVICES WILL BE UN...
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. REPLIT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED...
THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PLAID DOES NOT WARRANT THAT THE SERVICES WILL BE ...
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"THE SERVICE IS PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTY OF ANY KIND. MIXPANEL EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MIXPANEL MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, OR THAT ANY DATA PROCESSED THROUGH THE SERVICE WILL BE ACCURATE OR COMPLETE.— Excerpt from Mixpanel's Mixpanel Terms of Use
(1) REGULATORY FRAMEWORK: Warranty disclaimers are generally enforceable in commercial B2B agreements under UCC §2-316 in the US. However, where analytics data is used to support regulated business decisions — such as financial reporting, healthcare outcomes monitoring, or consumer profiling — the disclaimer of accuracy may create additional regulatory exposure for the customer organization. GDPR Art. 5(1)(d) requires that personal data be accurate and kept up to date — a controller relying on inaccurate Mixpanel data for GDPR-relevant decisions may face compliance issues. (2)
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This disclaimer allocates risk by establishing that Mixpanel assumes no warranty obligations regarding service performance, reliability, or data quality. The provision narrows the scope of remedies available to users by establishing that the service is offered without guarantees of meeting specified requirements or operating characteristics.
Mixpanel explicitly disclaims any guarantee that its analytics data is accurate or complete, meaning business decisions made on the basis of Mixpanel's event data are made entirely at your organization's risk with no contractual warranty of data quality.
ConductAtlas has identified this type of provision across 41 platforms. See the full comparison.
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