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
The clause operates as a categorical limitation on recoverable damages, establishing that certain categories of harm fall outside the scope of liability even when a breach or failure occurs. This restriction applies equally to both Mixpanel and the user across all legal frameworks referenced in the terms.
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 consequential damages exclusion exposes both parties to potential liability for indirect damages, significantly increasing Mixpanel's financial risk exposure.
View full change record →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.
Cross-platform context
See how other platforms handle Exclusion of Consequential Damages and similar clauses.
Compare across platforms →"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 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.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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The clause operates as a categorical limitation on recoverable damages, establishing that certain categories of harm fall outside the scope of liability even when a breach or failure occurs. This restriction applies equally to both Mixpanel and the user across all legal frameworks referenced in the terms.
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.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Mixpanel.