Provision record
Mixpanel · Mixpanel Terms of Use · View original document ↗

Exclusion of Indirect and Consequential Damages

High severity High confidence Explicit document language Common · 287 of 352 platforms

Key Facts · in the document’s own words

What damages does Mixpanel exclude liability for?
“EXCEPT FOR EXCLUDED CLAIMS, NEITHER CUSTOMER NOR MIXPANEL SHALL BE RESPONSIBLE OR LIABLE...FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.”
Version CA-V-003479, captured June 5, 2026 · live source ↗
Our reading, not the document’s words
Mixpanel excludes liability for either party for any lost profits or revenues, or for any indirect, special, incidental, consequential, or punitive damages, whether or not the party has been advised of the possibility of such damage.
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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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

The exclusion prevents a customer from recovering the categories of harm most commonly associated with service failures—lost profits, lost revenue, and consequential losses—regardless of whether Mixpanel had prior notice of the risk.

Recent Activity

This document changed recently

Medium Jun 5, 2026

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 →
Medium May 9, 2026

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 →

Consumer impact (what this means for users)

If Mixpanel causes harm, you cannot recover lost profits, revenues, or indirect, special, incidental, consequential, or punitive damages, even if Mixpanel was aware such damages were possible.

How other platforms handle this

DoorDash Medium

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.

Grubhub Medium

Except where we post, link to, or expressly adopt or refer to this Privacy Policy, this Privacy Policy does not apply to, and we are not responsible for, any personal information practices of third-party websites and online services...

Lyft Medium

We are not responsible for those third parties and their websites, products or services, and we recommend that you review their policies.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
EXCEPT FOR EXCLUDED CLAIMS, NEITHER CUSTOMER NOR MIXPANEL SHALL BE RESPONSIBLE OR LIABLE...FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Excerpt from Mixpanel's Terms of Use

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
Mixpanel Terms of Use
Entity
Mixpanel
Date stated by the document
June 2, 2026
As printed in Mixpanel’s text (version CA-V-003479), not a ConductAtlas date.
Tracking information
First captured by ConductAtlas
May 5, 2026
Text quoted from version
CA-V-003479, captured June 5, 2026
Record ID
CA-P-059413
Document ID
CA-D-000703
Evidence Provenance
Source URL
Wayback Machine
Extracted-text SHA-256 (version CA-V-003479)
900fcb69f783472590d46a672513151554a1de4d74cdd6044c8776802432c7e9
Analysis generated
July 9, 2026 05:53 UTC
Methodology
Evidence
✓ Excerpt found verbatim in version CA-V-003479 (checked Oct. 6, 2026)
Citation Record
Entity: Mixpanel
Document: Mixpanel Terms of Use
Record ID: CA-P-059413
Version: CA-V-003479
Captured: 2026-06-05 19:12:32 UTC
SHA-256: 900fcb69f7834725…
URL: https://conductatlas.com/platform/mixpanel/mixpanel-terms-of-use/provision/CA-P-059413/exclusion-of-indirect-and-consequential-damages/
Accessed: Oct. 12, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Mixpanel's Exclusion of Indirect and Consequential Damages clause do?

The exclusion prevents a customer from recovering the categories of harm most commonly associated with service failures—lost profits, lost revenue, and consequential losses—regardless of whether Mixpanel had prior notice of the risk.

How does this clause affect you?

If Mixpanel causes harm, you cannot recover lost profits, revenues, or indirect, special, incidental, consequential, or punitive damages, even if Mixpanel was aware such damages were possible.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.

Is ConductAtlas affiliated with Mixpanel?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Mixpanel.