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
Miro will then refund to Customer any pre-paid, unused fees for the terminated portion of the Subscription Term (for the Performance Warranty) or for the non-conforming Technical Services (for the Technical Services Warranty).
In the event of such a termination by Customer, we will refund Customer any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination.
In the event of a migration, the Customer will be entitled to a pro-rated refund of any prepaid fees associated with the Add-On.
"If Mixpanel fails to correct or re-perform such material nonconforming aspects of the Application Services within a reasonable time...Customer's sole and exclusive remedy shall be to terminate the Agreement and have Mixpanel refund to Customer the pro-rata unused portion of any pre-paid fees...Excerpt from Mixpanel's Terms of Use
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The clause states: “If Mixpanel fails to correct or re-perform such material nonconforming aspects of the Application Services within a reasonable time...Customer's sole and exclusive remedy shall be to terminate the Agreement and have Mixpanel refund to Customer the pro-rata unused portion of any pre-paid fees...”
ConductAtlas has identified this type of provision across 178 platforms. See the full comparison.
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