Neither Mixpanel nor its customers can sue each other for lost profits, lost data, or business disruption damages — even if these are a direct result of the other party's failure.
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
In practice, a data incident or analytics service outage caused by Mixpanel would almost certainly result in consequential damages for customers — including regulatory fines, lost business decisions, and reputational harm — but this clause eliminates any contractual recovery for those losses beyond direct damages capped at twelve months of fees.
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 …
If Mixpanel's platform goes down or suffers a data breach that causes your business to lose revenue, incur regulatory fines, or suffer reputational harm, you cannot recover those consequential losses from Mixpanel — your financial recovery is limited to direct damages within the twelve-month fee cap.
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"IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.— Excerpt from Mixpanel's Mixpanel Terms of Use
(1) REGULATORY FRAMEWORK: Consequential damages exclusions are standard in commercial SaaS agreements and are generally enforceable under UCC §2-719 and common law in the US. However, under GDPR Art. 82(1), data subjects retain the right to compensation for 'material or non-material damage' caused by GDPR infringements — a right that cannot be contractually excluded between controller and data subject. As between controller and processor (customer and Mixpanel), GDPR Art. 82(5) permits processors to be exempted from liability where they prove no fault, but this provision goes further by excluding consequential damages categorically. (2)
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In practice, a data incident or analytics service outage caused by Mixpanel would almost certainly result in consequential damages for customers — including regulatory fines, lost business decisions, and reputational harm — but this clause eliminates any contractual recovery for those losses beyond direct damages capped at twelve months of fees.
If Mixpanel's platform goes down or suffers a data breach that causes your business to lose revenue, incur regulatory fines, or suffer reputational harm, you cannot recover those consequential losses from Mixpanel — your financial recovery is limited to direct damages within the twelve-month fee cap.
ConductAtlas has identified this type of provision across 2 platforms. See the full comparison.
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