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 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.
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You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.
AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO.
You hereby grant ActiveCampaign a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use your name and any of your trade names, trademarks, logos and other proprietary marks or words pursuant to this Section.
""Mixpanel," the Mixpanel logo, and any other product or service name or slogan displayed on the Application Services...may not be copied, imitated or used, in whole or in part, without the prior written permission of Mixpanel or the applicable trademark holder.Excerpt from Mixpanel's Terms of Use
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The clause states: “"Mixpanel," the Mixpanel logo, and any other product or service name or slogan displayed on the Application Services...may not be copied, imitated or used, in whole or in part, without the prior written permission of Mixpanel or the applicable trademark holder.”
ConductAtlas has identified this type of provision across 256 platforms. See the full comparison.
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