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Customer grants Mixpanel a limited license to store, access, use, and transfer Customer Content for specified purposes including service provision, improvement, support, and legal compliance; the agreement states Mixpanel will not sell Customer Content.
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 defines the scope of Mixpanel's license to use Customer Content, limits permitted uses to four enumerated categories, and includes an explicit contractual commitment that Mixpanel will not sell Customer Content.
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 →Under this clause, Mixpanel is licensed to use Customer Content for service delivery, improvement, support, and legal compliance purposes; the agreement separately authorizes Mixpanel to derive de-identified aggregated data from Customer Content for product development and industry insights under Section 7.6.
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"Customer hereby grants to Mixpanel a non-exclusive, non-transferable right (except as expressly granted in this Agreement) and license to store, access, use, and transfer the Customer Content as described in this Agreement and the DPA for the limited purposes of: (i) providing and improving the Application Services and Professional Services; (ii) responding to service issues and requests for support; (iii) complying with Customer's instructions; and (iv) complying with applicable law. Mixpanel will not sell Customer Content.Excerpt from Mixpanel's Terms of Use
(1) REGULATORY LANDSCAPE: The customer content license and no-sale commitment engages GDPR, CCPA, and related data protection frameworks, as the scope of Mixpanel's permitted use of Customer Content containing Personal Information is a material element of the data processor relationship. CCPA imposes specific restrictions on the sale and sharing of personal information, and the no-sale commitment in the agreement is directly relevant to CCPA compliance representations. The DPA incorporated by reference governs the detailed processing obligations. (2) GOVERNANCE EXPOSURE: Medium. The license to use Customer Content to improve the Application Services is a common SaaS provision, but its interaction with the Aggregated Data clause in Section 7.6, which permits Mixpanel to derive and own de-identified aggregated data from Customer Content, should be evaluated in the context of each organization's data governance policies. The no-sale commitment provides a clear contractual protection. (3) JURISDICTION FLAGS: EU and UK customers operating under GDPR should confirm that the license scope and the aggregated data derivation practice are addressed in the DPA and that appropriate safeguards for international data transfers are in place. California customers should evaluate the no-sale commitment in light of CCPA's definition of sale and sharing, particularly regarding the aggregated data use described in Section 7.6. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should confirm that the DPA adequately addresses sub-processor use of Customer Content and that the improvement use case is consistent with the organization's data processing agreements with its own data subjects. (5) COMPLIANCE CONSIDERATIONS: Data mapping exercises should document Mixpanel as a data processor for Customer Content containing Personal Information, referencing both this license clause and the incorporated DPA. Legal teams should assess whether the aggregated data derivation practice in Section 7.6 requires disclosure in Customer's own privacy notices.
This provision defines the scope of Mixpanel's license to use Customer Content, limits permitted uses to four enumerated categories, and includes an explicit contractual commitment that Mixpanel will not sell Customer Content.
Under this clause, Mixpanel is licensed to use Customer Content for service delivery, improvement, support, and legal compliance purposes; the agreement separately authorizes Mixpanel to derive de-identified aggregated data from Customer Content for product development and industry insights under Section 7.6.
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