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.
View change record →How other platforms handle this
the Receiving Party shall (other than to the extent prohibited by law) provide prior written notice to the Disclosing Party and reasonably cooperate...with any efforts by the Disclosing Party to contest or limit such disclosure requirement
Recipient may disclose Discloser's Confidential Information: (i) to the extent that such disclosure is required by applicable law or by the order of a court...provided that...the Recipient promptly notifies the Discloser in writing of such required disclosure...
You will include a date/time stamp adjacent to your display of pricing or availability information on your application if you obtain Product Advertising Content from Data Feeds, or if you call Creators API, PA API or refresh the Product Advertising Content...less frequently than hourly.
"Receiving Party may disclose Confidential Information to the limited extent required in order to comply with the order of a court...provided that, to the extent permitted by law, the Receiving Party shall provide the Disclosing Party with prior notice of such compelled disclosure...Excerpt from Mixpanel's Terms of Use
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The clause states: “Receiving Party may disclose Confidential Information to the limited extent required in order to comply with the order of a court...provided that, to the extent permitted by law, the Receiving Party shall provide the Disclosing Party with prior notice of such compelled disclosure...”
ConductAtlas has identified this type of provision across 273 platforms. See the full comparison.
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