“EXCEPT FOR EXCLUDED CLAIMS, NEITHER CUSTOMER NOR MIXPANEL SHALL BE RESPONSIBLE OR LIABLE...FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.”
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 exclusion prevents a customer from recovering the categories of harm most commonly associated with service failures—lost profits, lost revenue, and consequential losses—regardless of whether Mixpanel had prior notice of the risk.
The updated terms remove a prior restriction that explicitly excluded individually identifiable data from Mixpanel's definition of Usage Data. Under the revised language, Mixpanel may now classify data identifying or attributable to specific individuals as Usage Data. This expands the scope of data Mixpanel may use, retain, or share under its Usage Data provisions. Users should review Mixpanel's updated privacy policy and data usage terms to understand how individually identifiable data may now be processed.
View change record →The updated terms establish automatic 7% annual fee increases at each renewal unless the parties expressly agree otherwise in writing. Previously, fees remained fixed for the subscription term and new pricing required written agreement. Under the revised language, customers will experience automatic cost escalation at renewal unless they actively negotiate or document a different arrangement. You can request a written agreement with Mixpanel to maintain fixed pricing or negotiate alternative increase terms before renewal.
View change record →If Mixpanel causes harm, you cannot recover lost profits, revenues, or indirect, special, incidental, consequential, or punitive damages, even if Mixpanel was aware such damages were possible.
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"EXCEPT FOR EXCLUDED CLAIMS, NEITHER CUSTOMER NOR MIXPANEL SHALL BE RESPONSIBLE OR LIABLE...FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.Excerpt from Mixpanel's Terms of Use
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The exclusion prevents a customer from recovering the categories of harm most commonly associated with service failures—lost profits, lost revenue, and consequential losses—regardless of whether Mixpanel had prior notice of the risk.
If Mixpanel causes harm, you cannot recover lost profits, revenues, or indirect, special, incidental, consequential, or punitive damages, even if Mixpanel was aware such damages were possible.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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