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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
If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.
A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...
The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.
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"IF THE TOTAL APPLICATION SERVICES FEES PAID OR PAYABLE BY CUSTOMER DURING THE TWELVE (12) MONTH PERIOD...EXCEEDS SIXTY THOUSAND DOLLARS ($60,000), FOR ENHANCED CLAIMS, MIXPANEL'S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED TWO (2) TIMES THE GENERAL CAP.Excerpt from Mixpanel's Terms of Use
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
The clause states: “IF THE TOTAL APPLICATION SERVICES FEES PAID OR PAYABLE BY CUSTOMER DURING THE TWELVE (12) MONTH PERIOD...EXCEEDS SIXTY THOUSAND DOLLARS ($60,000), FOR ENHANCED CLAIMS, MIXPANEL'S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED TWO (2) TIMES THE GENERAL CAP.”
ConductAtlas has identified this type of provision across 292 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Mixpanel.