“MIXPANEL AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED INDEMNITIES AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.”
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 disclaimer eliminates the customer's ability to rely on implied legal protections about the quality, suitability, or ownership of the Application Services.
Interpretive note: The excerpt references 'IMPLIED INDEMNITIES' alongside the standard warranty disclaimer categories, which is an atypical legal construction. The canonical claim focuses on the warranty disclaimer as the primary legal effect; the implied indemnities reference is noted in omitted_material.
The updated terms remove a prior restriction that explicitly excluded individually identifiable data from Mixpanel's definition of Usage Data. Under the revised language, Mixpanel may now classify data identifying or attributable to specific individuals as Usage Data. This expands the scope of data Mixpanel may use, retain, or share under its Usage Data provisions. Users should review Mixpanel's updated privacy policy and data usage terms to understand how individually identifiable data may now be processed.
View change record →The updated terms establish automatic 7% annual fee increases at each renewal unless the parties expressly agree otherwise in writing. Previously, fees remained fixed for the subscription term and new pricing required written agreement. Under the revised language, customers will experience automatic cost escalation at renewal unless they actively negotiate or document a different arrangement. You can request a written agreement with Mixpanel to maintain fixed pricing or negotiate alternative increase terms before renewal.
View change record →You cannot rely on any express or implied warranty from Mixpanel or its suppliers and licensors, including warranties that the service is merchantable, fit for your particular purpose, free of title defects, or non-infringing.
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Instacart does not assume responsibility for any products, content, services, websites, advertisements, offers, or information provided by third parties and made available through the Services.
THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES...SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF NEW JERSEY IN THE UNITED STATES OR THE PROVINCE OF QUÉBEC IN CANADA.
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"MIXPANEL AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED INDEMNITIES AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.Excerpt from Mixpanel's Terms of Use
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The disclaimer eliminates the customer's ability to rely on implied legal protections about the quality, suitability, or ownership of the Application Services.
You cannot rely on any express or implied warranty from Mixpanel or its suppliers and licensors, including warranties that the service is merchantable, fit for your particular purpose, free of title defects, or non-infringing.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Mixpanel.