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
For large enterprise customers paying modest subscription fees relative to the data volumes processed, this cap could leave them severely undercompensated in the event of a significant data incident or regulatory action triggered by a Mixpanel failure.
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 …
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.
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Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FITBIT, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN) DURING THE TWELV...
To the full extent permitted by law, craigslist, Inc., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("CL Entities") (1) make no promises, warranties, or representations as to CL, including its completeness, accuracy, availability, timeliness, prop...
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"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
(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)
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For large enterprise customers paying modest subscription fees relative to the data volumes processed, this cap could leave them severely undercompensated in the event of a significant data incident or regulatory action triggered by a Mixpanel failure.
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.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Mixpanel.