Provision record
Mixpanel · Mixpanel Terms of Use · View original document ↗

Enhanced Liability Cap at 2x General Cap for High-Spend Customers

High severity Explicitdocumentlanguage Common · 292 of 352 platforms
Get alerted the next time Mixpanel changes these terms. Follow Mixpanel →
Share 𝕏 Share in Share 🔒 PDF
Monitor governance changes for Mixpanel Monitor emails you the same day this changes. The archive stays free.
Follow Mixpanel →

Get the weekly 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. No account.

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

Recent Activity

This document changed recently

Medium Jun 5, 2026

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 →
Medium May 9, 2026

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

ActiveCampaign Medium

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.

Leonardo AI Medium

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...

Netflix Medium

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.

See all platforms with this clause type →

Monitoring

Mixpanel has changed this document before.

Receive same-day alerts, structured change summaries, and monitoring for up to 20 platforms.

Follow Mixpanel → Or create a free account →
▸ View Original Clause Language DOCUMENT RECORD
"
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

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
Mixpanel Terms of Use
Entity
Mixpanel
Document last updated
May 5, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-059419
Document ID
CA-D-00703
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
ac40e76378ab5a69d6cee99d3fc6738f3abd11e8fba371a9c34e6c6da068df82
Analysis generated
July 9, 2026 05:53 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Mixpanel
Document: Mixpanel Terms of Use
Record ID: CA-P-059419
Captured: 2026-07-09 05:53:56 UTC
SHA-256: ac40e76378ab5a69…
URL: https://conductatlas.com/platform/mixpanel/mixpanel-terms-of-use/provision/CA-P-059419/enhanced-liability-cap-at-2x-general-cap-for-high-spend-customers/
Accessed: July 25, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

Other risks in this policy

Governance intelligence across arbitration, AI governance, data rights, indemnification, and retention

Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.

Frequently Asked Questions

What does Mixpanel's Enhanced Liability Cap at 2x General Cap for High-Spend Customers clause do?

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.”

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 292 platforms. See the full comparison.

Is ConductAtlas affiliated with Mixpanel?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Mixpanel.