Mixpanel · Mixpanel Terms of Use · View original document ↗

Liability Cap (12 Months of Fees)

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Recent governance activity Mixpanel recorded 5 documented changes in the last 30 days.
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Document Record

What it is

If Mixpanel causes harm to your business — such as a data breach or service failure — the maximum amount they must pay you is capped at whatever you paid them in the prior year.

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

The clause defines the maximum financial exposure Mixpanel accepts under the service agreement across all claim types and legal bases, establishing a predictable ceiling for potential damages that derives from the customer's own payment history rather than the actual harm claimed.

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 →

Consumer impact (what this means for users)

This provision means that if Mixpanel suffers a data breach or service failure affecting your users' behavioral data, your maximum financial recovery from Mixpanel is limited to one year of subscription fees — which may be far less than the actual regulatory fines or litigation costs your business faces as data controller.

How other platforms handle this

Synthesia Medium

To the maximum extent permitted by applicable law, in no event will Synthesia's aggregate liability to you under or in connection with this Agreement exceed the total fees paid or payable by you to Synthesia in the twelve (12) month period immediately preceding the event giving rise to the claim. In...

Google AI Studio Medium

Google's total liability to you for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Gemini API (or, if we choose, to supplying you the services again) in the 12 months before the breach.

Duolingo Medium

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DUOLINGO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESUL...

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▸ View Original Clause Language DOCUMENT RECORD
"
IN NO EVENT WILL MIXPANEL'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER TO MIXPANEL IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM.

— Excerpt from Mixpanel's Mixpanel Terms of Use

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

(1) REGULATORY FRAMEWORK: Liability limitation clauses are scrutinized under GDPR Art. 82 (liability and right to compensation), which permits data subjects to seek compensation from both controllers and processors. Under CCPA §1798.150, statutory damages of $100–$750 per consumer per incident are available, creating potential aggregate exposure that may far exceed the contractual cap. The FTC Act Section 5 may also be implicated where the cap is deemed to facilitate unfair practices. Primary enforcement authorities include EU member state DPAs and the California Privacy Protection Agency. (2)

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    FTC has authority over unfair or deceptive practices in data processing agreements and may scrutinize liability caps that effectively immunize processors from accountability for data incidents.
    File a complaint →
  • State AG
    State attorneys general in California and other states with privacy laws may have jurisdiction over inadequate liability provisions in data processing agreements affecting their residents.
    File a complaint →

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
May 7, 2026
Last verified
May 7, 2026
Record ID
CA-P-005722
Document ID
CA-D-00703
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
67c0caf5d98d0ef754fe77df373e5ce756690436f170028f83d38e42249bf604
Analysis generated
May 7, 2026 23:56 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Mixpanel
Document: Mixpanel Terms of Use
Record ID: CA-P-005722
Captured: 2026-05-07 23:56:18 UTC
SHA-256: 67c0caf5d98d0ef7…
URL: https://conductatlas.com/platform/mixpanel/mixpanel-terms-of-use/liability-cap-12-months-of-fees/
Accessed: June 27, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Mixpanel's Liability Cap (12 Months of Fees) clause do?

The clause defines the maximum financial exposure Mixpanel accepts under the service agreement across all claim types and legal bases, establishing a predictable ceiling for potential damages that derives from the customer's own payment history rather than the actual harm claimed.

How does this clause affect you?

This provision means that if Mixpanel suffers a data breach or service failure affecting your users' behavioral data, your maximum financial recovery from Mixpanel is limited to one year of subscription fees — which may be far less than the actual regulatory fines or litigation costs your business faces as data controller.

Is ConductAtlas affiliated with Mixpanel?

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