Both Mixpanel and the customer must keep each other's confidential business information private and can only use it for the purposes of their agreement.
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
This provision creates binding confidentiality duties that govern how each party handles sensitive information exchanged during the business relationship. The restriction on third-party disclosure and limitation of use to Agreement-related purposes establish procedural requirements for information handling and access control.
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 mutual confidentiality obligations eliminates reciprocal confidentiality protections between parties, reducing privacy safeguards for both customer and Mixpanel.
View full change record →Mixpanel contractually commits to keeping your business's confidential information private, which includes your event tracking configurations, user data structures, and analytics strategies — but you should verify whether anonymized or aggregated versions of your data are excluded from this protection.
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"Each party agrees to keep confidential and not to disclose to any third party any Confidential Information of the other party without the prior written consent of the disclosing party, and to use the Confidential Information of the other party only for the purposes of performing its obligations or exercising its rights under this Agreement.— Excerpt from Mixpanel's Mixpanel Terms of Use
(1) REGULATORY FRAMEWORK: Confidentiality obligations in SaaS agreements are governed by applicable trade secret law (including the Defend Trade Secrets Act, 18 U.S.C. §1836, in the US and equivalent EU member state laws), as well as GDPR Art. 28(3)(b), which requires processors to ensure that persons authorized to process data are committed to confidentiality. The adequacy of confidentiality protections for personal data processed under the agreement also engages GDPR Art. 32 (security of processing). (2)
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This provision creates binding confidentiality duties that govern how each party handles sensitive information exchanged during the business relationship. The restriction on third-party disclosure and limitation of use to Agreement-related purposes establish procedural requirements for information handling and access control.
Mixpanel contractually commits to keeping your business's confidential information private, which includes your event tracking configurations, user data structures, and analytics strategies — but you should verify whether anonymized or aggregated versions of your data are excluded from this protection.
ConductAtlas has identified this type of provision across 1 platforms. See the full comparison.
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